- Geneva Conventions Act 1957
- Act No. 103 of 1957 as amended
- Contents
- Part I—Preliminary
- Part III—Legal proceedings in respect of protectedpersons
- 10A Court may determine whether person is a protected prisoner ofwar
- 11 Notice of trial of protected prisoners of war and internees to beserved on protecting power etc.
- 12 Legal representation of prisoners of war
- 13 Appeals by protected prisoners of war and internees
- 14 Reduction of sentence and custody of protected prisoners of warand internees
- Part IV—Abuse of the Red Cross and otheremblems, signs, signals, identity cards,insignia and uniforms
- Part V—Regulations
- The Schedules
- ANNEX
- Notes to the Geneva Conventions Act 1957
- Note 1
- Table of Acts
- Table of Amendments
Geneva Conventions Act 1957
Act No. 103 of 1957 as amended
This compilation was prepared on 15 March 2010 taking into account amendments up to Act No. 18 of 2009
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Contents
Part I—Preliminary 1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 5 Interpretation .....................................................................................1 6 Application of Act .............................................................................3 6A Application of the Criminal Code .....................................................3
Part III—Legal proceedings in respect of protected persons 4 10A Court may determine whether person is a protected prisoner of war ................................................................................................4 11 Notice of trial of protected prisoners of war and internees to
be served on protecting power etc. ....................................................4 12 Legal representation of prisoners of war ...........................................5 13 Appeals by protected prisoners of war and internees.........................7 14 Reduction of sentence and custody of protected prisoners of
war and internees...............................................................................8
Part IV—Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms 9 15 Use of Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms..............................................................9
Part V—Regulations 12 16 Regulations......................................................................................12
The Schedules 13
Schedule 1—Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 13
Schedule 2—Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 36
Schedule 3—Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 57
Schedule 4—Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949 116 Schedule 5—Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I) 175
Schedule 6—Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Adoption of an
Additional Distinctive Emblem (Protocol III) 251
Notes 259
An Act to enable effect to be given to certain Conventions done at Geneva on 12 August 1949 and to a Protocol additional to those Conventions done at Geneva on 10 June 1977, and for related purposes
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Geneva Conventions Act 1957.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation, not being earlier than 6 months after the deposit on behalf of Australia of instruments of ratification of the Conventions referred to in this Act.
5 Interpretation
(1) In this Act:
the First Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 1.
the Second Convention means the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annex to that Convention) is set out in Schedule 2.
the Third Convention means the Geneva Convention relative to the Treatment of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 3.
Part I Preliminary Section 5
the Fourth Convention means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 4.
the Conventions means the First Convention, the Second Convention, the Third Convention and the Fourth Convention.
(1A) In this Act:
Protocol I means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5.
Protocol III means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005, a copy of the English text of which is set out in Schedule 6.
(2) In this Act, unless the contrary intention appears:
Australia includes the Territories.
court does not include: - (a)
- a service tribunal within the meaning of the Defence Force Discipline Act 1982; or
- (b)
- a military court.
protected internee means a person protected by the Fourth Convention and interned in Australia.
protected prisoner of war means a person protected by the Third Convention or a person who is a prisoner of war for the purposes of Protocol I.
the protecting power, in relation to a protected prisoner of war or a protected internee, means the power or organization which is carrying out, in the interests of the power of which he or she is a national, or of whose forces he or she is, or was at any material time, a member, the duties assigned to protecting powers under the Third Convention, the Fourth Convention or Protocol I, as the case may be.
Preliminary Part I Section 6
(3) If the ratification on behalf of Australia of any of the Conventions or of Protocol I or Protocol III is subject to a reservation or is accompanied by a declaration, that Convention or that Protocol shall, for the purposes of this Act, have effect and be construed subject to and in accordance with that reservation or declaration.
6 Application of Act - (1)
- This Act extends to every Territory.
- (2)
- This Act has extra-territorial operation according to its tenor.
6A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part III Legal proceedings in respect of protected persons Section 10A
Part III—Legal proceedings in respect of protected persons
10A Court may determine whether person is a protected prisoner of war - (1)
- A person referred to in paragraph 1 or 2 of Article 45 of Protocol I may apply to the Supreme Court of the State or Territory in which the person is held in custody for a declaration that he or she has the status of a protected prisoner of war.
- (2)
- The jurisdiction of a Court for the purposes of this section is constituted by a single Judge.
- (3)
- Subject to subsection (4), the jurisdiction of the Court is to be exercised in open court.
- (4)
- The Court may order the exclusion of the public or persons specified by the Court from a sitting of the Court where the Court is satisfied that the presence of the public or those persons, as the case may be, would be contrary to the interests of justice or would not be in the public interest.
11 Notice of trial of protected prisoners of war and internees to be served on protecting power etc.
(1) The court before which: - (a)
- a protected prisoner of war is brought up for trial for an offence; or
- (b)
- a protected internee is brought up for trial for an offence for which that court has power to sentence him or her to imprisonment for a term of 2 years or more;
shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously on the protecting power (if there is a protecting power) and, if the accused is a protected prisoner of war, on the accused and the prisoners’ representative.
(2) The particulars referred to in subsection (1) are:
Legal proceedings in respect of protected persons Part III Section 12
(a) the full name, date of birth and description of the accused, including his or her profession or trade;
(ab) where the accused is a protected prisoner of war—the accused’s rank and his or her army, regimental, personal and serial number; - (b)
- the accused’s place of detention, internment or residence;
- (c)
- the offence with which the accused is charged; and
- (d)
- the court before which the trial is to take place and the time and place appointed for the trial.
(3) For the purposes of this section, a document purporting: - (a)
- to be signed on behalf of the protecting power or by the prisoners’ representative or by the person accused, as the case may be; and
- (b)
- to be an acknowledgment of the receipt by that power, representative or person on a specified day of a notice described in the document as a notice under this section;
shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that power, representative or person on that day. - (4)
- In this section, the expression prisoners’ representative, in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Third Convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war.
- (5)
- A court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other law, remand the accused for the period of the adjournment.
12 Legal representation of prisoners of war
(1) The court before which a protected prisoner of war is brought up for trial for an offence shall not proceed with the trial unless: - (a)
- the accused is represented by counsel; and
- (b)
- it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the
Part III Legal proceedings in respect of protected persons Section 12
representation of the accused at the trial were first given to
the solicitor by whom that counsel was instructed; and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other law, the court may remand the accused for the period of the adjournment. - (2)
- In the absence of counsel accepted by the accused as representing him or her, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (1)(b), be regarded for the purposes of that subsection as representing the accused.
- (3)
- If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a solicitor and counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of paragraph (1)(b), be regarded for the purposes of subsection (1) as representing the accused.
- (4)
- In relation to any proceedings before a court before which the accused may be represented by a solicitor, subsections (1), (2) and
(3) shall be construed, with any necessary modifications, as if references in those provisions to counsel were references to counsel or a solicitor; and for the purposes of any such proceedings the court, in giving a direction under subsection (3), may, if the court is satisfied that the nature of the charge and the interests of justice do not require that the interests of the accused should be watched over by counsel, direct that a solicitor only shall be assigned as mentioned in that subsection.
- (5)
- A solicitor or counsel shall be assigned in pursuance of subsection (3) in such manner as is provided by the regulations or, in the absence of provision in the regulations, as the court directs, and the fees and costs of any solicitor or counsel so assigned shall be paid by the Commonwealth.
Legal proceedings in respect of protected persons Part III Section 13
13 Appeals by protected prisoners of war and internees
(1) Where a protected prisoner of war or a protected internee has been sentenced by a court to imprisonment for a term of 2 years or more, any time allowed in relation to the institution of an appeal against the conviction or sentence shall be deemed to continue to run until the day on which the convicted person receives a notice given: - (a)
- in the case of a protected prisoner of war—by an officer in the Defence Force; or
- (b)
- in the case of a protected internee—by or on behalf of the governor or other person in charge of the prison or place in which he or she is confined;
that the protecting power has been notified of his or her conviction and sentence, and for such further time as would have been within the time allowed if the conviction or sentence had taken place or been pronounced on that day. - (2)
- Where, after an appeal against the conviction or sentence by a court of a protected prisoner of war or a protected internee has been determined, the sentence remains or has become a sentence of imprisonment for a term of 2 years or more, any time allowed in relation to a further appeal in respect of the conviction or sentence as confirmed or varied upon the previous appeal shall be deemed to continue to run until the day on which the convicted person receives a notice given by a person referred to in paragraph (1)(a) or (b), as the case may require, that the protecting power has been notified of the decision of the court upon the previous appeal, and for such further time as would have been within the time allowed if that decision had been pronounced on that day.
- (3)
- Where subsection (1) applies in relation to a convicted person, then, unless the court otherwise orders, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and a provision of a law relating to the revesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his or her conviction or sentence is possible without an extension of time other than the extension provided by subsection (2).
Part III Legal proceedings in respect of protected persons Section 14
(5) Subsections (1), (2) and (3) do not apply in relation to an appeal against a conviction or sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power.
14 Reduction of sentence and custody of protected prisoners of war and internees - (1)
- When a protected prisoner of war or a protected internee is convicted of an offence, the court shall:
- (a)
- in fixing a term of imprisonment in respect of the offence, deduct from the term which it would otherwise have fixed any period during which the convicted person has been in custody in connection with that offence before the trial; and
- (b)
- in fixing any penalty other than imprisonment in respect of the offence, take that period of custody into account.
- (2)
- Where the Attorney-General is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or place in which protected prisoners of war are detained, for an aggregate period of not less than 3 months, the Attorney-General may direct that the prisoner shall be transferred from that custody to the custody of an officer of the Defence Force and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed for his or her trial.
Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms Part IV
Section 15
Part IV—Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms
15 Use of Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms
(1) Subject to this section, a person shall not, without the consent in writing of the Minister or of a person authorized in writing by the Minister to give consents under this section, use for any purpose whatsoever any of the following: - (a)
- the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”;
- (b)
- the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent”.
- (c)
- the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion’s back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun”;
(ca) the emblem of a red frame in the shape of a square on edge on a white ground, or the designation “Red Crystal”; - (d)
- the emblem of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation;
- (e)
- a design or wording so nearly resembling any of the emblems or designations specified in paragraph (a), (b), (c), (ca) or (d) as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems;
- (f)
- such other emblems, identity cards, signs, signals, insignia or uniforms as are prescribed for the purpose of giving effect to Protocol I or Protocol III.
Penalty: $1,000
Part IV Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms
Section 15
(1A) Subsection (1) is an offence of strict liability.
Act No. 103 of 1957 as amended
This compilation was prepared on 15 March 2010 taking into account amendments up to Act No. 18 of 2009
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Part I—Preliminary Part III—Legal proceedings in respect of protected persons 4 10A Court may determine whether person is a protected prisoner of war ................................................................................................4 11 Notice of trial of protected prisoners of war and internees to
be served on protecting power etc. ....................................................4 12 Legal representation of prisoners of war ...........................................5 13 Appeals by protected prisoners of war and internees.........................7 14 Reduction of sentence and custody of protected prisoners of
war and internees...............................................................................8
Part IV—Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms 9 15 Use of Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms..............................................................9
Part V—Regulations 12 16 Regulations......................................................................................12
The Schedules 13
Schedule 1—Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 13
Schedule 2—Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 36
Schedule 3—Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 57
Schedule 4—Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949 116 Schedule 5—Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I) 175
Schedule 6—Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Adoption of an
Additional Distinctive Emblem (Protocol III) 251
Notes 259
An Act to enable effect to be given to certain Conventions done at Geneva on 12 August 1949 and to a Protocol additional to those Conventions done at Geneva on 10 June 1977, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Geneva Conventions Act 1957.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation, not being earlier than 6 months after the deposit on behalf of Australia of instruments of ratification of the Conventions referred to in this Act.
5 Interpretation
(1) In this Act:
the First Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 1.
the Second Convention means the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annex to that Convention) is set out in Schedule 2.
the Third Convention means the Geneva Convention relative to the Treatment of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 3.
Part I Preliminary Section 5
the Fourth Convention means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 4.
the Conventions means the First Convention, the Second Convention, the Third Convention and the Fourth Convention.
(1A) In this Act:
Protocol I means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5.
Protocol III means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005, a copy of the English text of which is set out in Schedule 6.
(2) In this Act, unless the contrary intention appears:
Australia includes the Territories.
court does not include: protected internee means a person protected by the Fourth Convention and interned in Australia.
protected prisoner of war means a person protected by the Third Convention or a person who is a prisoner of war for the purposes of Protocol I.
the protecting power, in relation to a protected prisoner of war or a protected internee, means the power or organization which is carrying out, in the interests of the power of which he or she is a national, or of whose forces he or she is, or was at any material time, a member, the duties assigned to protecting powers under the Third Convention, the Fourth Convention or Protocol I, as the case may be.
Preliminary Part I Section 6
(3) If the ratification on behalf of Australia of any of the Conventions or of Protocol I or Protocol III is subject to a reservation or is accompanied by a declaration, that Convention or that Protocol shall, for the purposes of this Act, have effect and be construed subject to and in accordance with that reservation or declaration.
6 Application of Act 6A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part III Legal proceedings in respect of protected persons Section 10A
10A Court may determine whether person is a protected prisoner of war 11 Notice of trial of protected prisoners of war and internees to be served on protecting power etc.
(1) The court before which: shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously on the protecting power (if there is a protecting power) and, if the accused is a protected prisoner of war, on the accused and the prisoners’ representative.
(2) The particulars referred to in subsection (1) are:
Legal proceedings in respect of protected persons Part III Section 12
(a) the full name, date of birth and description of the accused, including his or her profession or trade;
(ab) where the accused is a protected prisoner of war—the accused’s rank and his or her army, regimental, personal and serial number; (3) For the purposes of this section, a document purporting: shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that power, representative or person on that day. 12 Legal representation of prisoners of war
(1) The court before which a protected prisoner of war is brought up for trial for an offence shall not proceed with the trial unless: Part III Legal proceedings in respect of protected persons Section 12
representation of the accused at the trial were first given to
the solicitor by whom that counsel was instructed; and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other law, the court may remand the accused for the period of the adjournment. Legal proceedings in respect of protected persons Part III Section 13
13 Appeals by protected prisoners of war and internees
(1) Where a protected prisoner of war or a protected internee has been sentenced by a court to imprisonment for a term of 2 years or more, any time allowed in relation to the institution of an appeal against the conviction or sentence shall be deemed to continue to run until the day on which the convicted person receives a notice given: that the protecting power has been notified of his or her conviction and sentence, and for such further time as would have been within the time allowed if the conviction or sentence had taken place or been pronounced on that day. Part III Legal proceedings in respect of protected persons Section 14
(5) Subsections (1), (2) and (3) do not apply in relation to an appeal against a conviction or sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power.
14 Reduction of sentence and custody of protected prisoners of war and internees Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms Part IV
Section 15
15 Use of Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms
(1) Subject to this section, a person shall not, without the consent in writing of the Minister or of a person authorized in writing by the Minister to give consents under this section, use for any purpose whatsoever any of the following: (ca) the emblem of a red frame in the shape of a square on edge on a white ground, or the designation “Red Crystal”; Penalty: $1,000
Part IV Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms
Section 15
(1A) Subsection (1) is an offence of strict liability.
Contents
1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 5 Interpretation .....................................................................................1 6 Application of Act .............................................................................3 6A Application of the Criminal Code .....................................................3 Part I—Preliminary
Part III—Legal proceedings in respect of protected persons
Part IV—Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms