Division
Sue Lines I will now deal with the amendments moved by Senator Bell. _One Nation's circulated amendments—_ (1) Clause 2, page 2 (after table item 4), insert: (2) Schedule 2, page 22 (after line 12), at the end of the Schedule, add: Part 3 — Meaning of hors de combat _Criminal Code Act 1995_ 9 Dictionary in the _Criminal Code_ (definition of _hors de combat_ ) Repeal the definition, substitute: _hors de combat_: a person is _hors de combat_ if: (a) the person is in the power of an adverse party; and (b) the person: (i) clearly expresses an intention to surrender; or (ii) has been rendered unconscious or is otherwise incapacitated by wounds or sickness and is therefore incapable of defending himself or herself; and (c) the person abstains from any hostile act and does not attempt to escape. 10 Application provision (1) The definition of _hors de combat_ in the Dictionary in the _Criminal Code_, as inserted by this Part, applies in relation to: (a) any conduct engaged in on or after 26 September 2002; and (b) any legal proceedings that are commenced on or after that day, if the proceedings have not been finally determined before the commencement of this item. (2) In this item, _legal proceedings_ include any proceedings before a court or tribunal, and include proceedings that are pending. The question is that the amendments on 3897 be agreed to.
Senate, 2026-08-20. negative: ayes 25, noes 35.
Question
Sue Lines I will now deal with the amendments moved by Senator Bell. _One Nation's circulated amendments—_ (1) Clause 2, page 2 (after table item 4), insert: (2) Schedule 2, page 22 (after line 12), at the end of the Schedule, add: Part 3 — Meaning of hors de combat _Criminal Code Act 1995_ 9 Dictionary in the _Criminal Code_ (definition of _hors de combat_ ) Repeal the definition, substitute: _hors de combat_: a person is _hors de combat_ if: (a) the person is in the power of an adverse party; and (b) the person: (i) clearly expresses an intention to surrender; or (ii) has been rendered unconscious or is otherwise incapacitated by wounds or sickness and is therefore incapable of defending himself or herself; and (c) the person abstains from any hostile act and does not attempt to escape. 10 Application provision (1) The definition of _hors de combat_ in the Dictionary in the _Criminal Code_, as inserted by this Part, applies in relation to: (a) any conduct engaged in on or after 26 September 2002; and (b) any legal proceedings that are commenced on or after that day, if the proceedings have not been finally determined before the commencement of this item. (2) In this item, _legal proceedings_ include any proceedings before a court or tribunal, and include proceedings that are pending. The question is that the amendments on 3897 be agreed to.
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