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The Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 (Cth)

Below is an extract from The Death Penalty in Australian Law - Jo Lennan and George Williams - 2012  -  Tobin Centre of Public Law, Faculty of Law, University of NSW.

"In 2010, the Commonwealth Parliament passed the first new Australian law on the death penalty for many years. The Commonwealth Death Penalty Abolition Act 1973 (Cth) had abolished the death penalty under federal law. However, nothing in that Act precluded the use of the death penalty under state or territory law. This gap was filled by the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 (Cth) (‘the 2010 Act’), which blocks any state or territory attempt to reintroduce capital punishment."

Summary

Amend the Criminal Code Act 1995 to replace the existing offence of torture in the Crimes (Torture) Act 1988 with a new offence of torture in the Criminal Code to fulfil Australia’s obligations under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and Death Penalty Abolition Act 1973 to provide that the death penalty cannot be reintroduced anywhere in Australia. Also repeal the Crimes (Torture) Act 1988.

 

 

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