International Criminal Court Act 2002 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
International Criminal Court Act 2002 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Part 1 and anything in this Act not elsewhere covered by this table | The day after this Act receives the Royal Assent | 28 June 2002 |
Parts 2 to 14 | A single day to be fixed by Proclamation, subject to subsections (3) to (6) | 26 September 2002 ( |
Schedule 1 | The day after this Act receives the Royal Assent | 28 June 2002 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(3) A Proclamation under item 2 of the table must not specify a day that occurs before the day on which the Statute enters into force for Australia.
(4) Subject to subsection (5), if a provision covered by item 2 of the table does not commence within the period of one month beginning on the day on which the Statute enters into force for Australia, it commences on the first day after the end of that period.
(5) If a provision commences as a result of subsection (4), the Minister must announce by notice in the
Gazette the day on which the provision commenced.(6) If sections 3 to 338 of the
Proceeds of Crime Act 2002 have not commenced before the day fixed under column 2 of item 2 of the table, Division 14 of Part 4, and Part 11, commence immediately after the commencement of those sections.
(1) The principal object of this Act is to facilitate compliance with Australia’s obligations under the Statute.
(2) Accordingly, this Act does not affect the primacy of Australia’s right to exercise its jurisdiction with respect to crimes within the jurisdiction of the ICC.
Note: The crimes within the jurisdiction of the ICC are set out as crimes in Australia in Division 268 of the
Criminal Code .
In this Act, unless the contrary intention appears:
account has the same meaning as in the Proceeds of Crime Act.
agent has the same meaning as in the Proceeds of Crime Act.
appropriate authority , in relation to an authorisation given by the Attorney‑General for the purposes of compliance with a request by the ICC for assistance of a particular type, means:
(a) an officer of the Commonwealth; or
(b) a police officer;
authorised by the Attorney‑General to act in connection with the provision of the assistance.
appropriate court means the Federal Court or the Supreme Court of a State.
appropriate Ministerial consent to the service by an ICC prisoner in Australia of a sentence of imprisonment imposed by the ICC means consent to the sentence being served in Australia given by:
(a) the Attorney‑General; and
(b) the Minister administering the
Migration Act 1958 ; and(c) the State Minister of the State in which the prisoner is to begin to serve the sentence.
Australia , when used in a geographical sense, includes all the external Territories.
Australian law means a law of the Commonwealth, a law of a State or a law of a Territory.
authenticated by the ICC means authenticated by the ICC under the Statute or the Rules.
authorised officer has the same meaning as in the Proceeds of Crime Act.
benefit has the same meaning as in the Proceeds of Crime Act.
carrier has the same meaning as in theTelecommunications (Interception and Access) Act 1979 (other than Part 5‑4 or 5‑4A of that Act).
child has the same meaning as in Part ID of theCrimes Act 1914 .
communication has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
conduct means:
(a) an act; or
(b) an omission to perform an act.
constable has the same meaning as in theCrimes Act 1914 .
crime within the jurisdiction of the ICC means:
(a) an international crime; or
(b) an offence against the administration of the ICC’s justice.
DPP means the Director of Public Prosecutions.
eligible law enforcement officer has the meaning given by subsection 79A(2).
enforcement agency has the same meaning as in the Proceeds of Crime Act.
enforcement conditions has the meaning given by subsection 160(1).
escort officer , in relation to an ICC prisoner, means the police officer, prison officer or other person specified in the warrant authorising the transfer of the ICC prisoner under Part 12 as the escort officer for the ICC prisoner.
evidence includes expert evidence.
evidential material means:
(a) in Subdivision F of Division 14 of Part 4—evidence relating to:
(i) property in relation to which a forfeiture order has been or could be made; or
(ii) property in relation to which a restraining order has been or could be made for the purposes of section 82; or
(iii) property of a person in relation to whom a pecuniary penalty order may be enforced as described in section 159; or
(iv) proceeds of a crime within the jurisdiction of the ICC; or
(v) benefits derived from the commission of a crime within the jurisdiction of the ICC; or
(b) otherwise—a thing relevant to a crime within the jurisdiction of the ICC, including such a thing in electronic form.
examination of a site that is a grave includes exhumation of the grave.
executing officer , in relation to a warrant, means:
(a) the police officer named in the warrant, by the magistrate who issued the warrant, as being responsible for executing the warrant; or
(b) if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer so named; or
(c) another police officer whose name has been written in the warrant by the police officer last named in the warrant.
Federal Court means the Federal Court of Australia.
federal prisoner means a person who:
(a) is being held in custody pending:
(i) trial for; or
(ii) a committal hearing or a summary hearing in relation to; or
(iii) sentencing for;
an offence against a law of the Commonwealth or of a Territory; or
(b) is under a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory, or is otherwise subject to detention under a law of the Commonwealth or of a Territory;
but does not include a person who is at large after having escaped from lawful custody.
financial institution has the same meaning in Division 14 of Part 4, and in Part 11, as that expression has in the Proceeds of Crime Act.
forensic evidence has the same meaning as in Part ID of theCrimes Act 1914 .
forensic material has the same meaning as in Part ID of theCrimes Act 1914 .
forensic procedure has the same meaning as in Part ID of theCrimes Act 1914 .
forfeiture order means an order made by the ICC under paragraph 2(b) of article 77 of the Statute for the forfeiture of proceeds of a crime within the jurisdiction of the ICC.
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
ICC means the International Criminal Court established under the Statute, and includes any of the organs of that Court within the meaning of the Statute.
ICC prisoner means a person who is to serve, or is serving, a sentence of imprisonment imposed by the ICC.
incapable person has the same meaning as in Part ID of theCrimes Act 1914 .
interception warrant information has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
interest , in relation to property, has the same meaning as in the Proceeds of Crime Act.
international crime means a crime in respect of which the ICC has jurisdiction under article 5 of the Statute.
law , in relation to the Commonwealth, a State or a Territory, means a law (whether written or unwritten) of the Commonwealth, of that State or of that Territory, and includes a law (whether written or unwritten) in force in the Commonwealth, in that State or in that Territory or in any part of the Commonwealth, of that State or of that Territory.
law enforcement agency has the same meaning as in theSurveillance Devices Act 2004 .
law enforcement officer has the same meaning as in theSurveillance Devices Act 2004 .
lawfully intercepted information has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
lawfully obtained in Australia has a meaning affected by subsection 69A(3).
offence against the administration of the ICC’s justice means an offence against the administration of the ICC’s justice referred to in article 70 of the Statute.
officer , in relation to a financial institution, has the same meaning as in the Proceeds of Crime Act.
officer assisting , in relation to a warrant, means:
(a) a person who is a police officer and who is assisting in executing the warrant; or
(b) a person who is not a police officer and has been authorised by the relevant executing officer to assist in executing the warrant.
Official Trustee means the Official Trustee in Bankruptcy.
ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
parent has the same meaning as in theCrimes Act 1914 .
person assisting has the same meaning as in the Proceeds of Crime Act.
POCA search warrant means a search warrant issued under Part 3‑5 of the Proceeds of Crime Act in relation to a crime within the jurisdiction of the ICC.
police officer means:
(a) a member or special member (within the meaning of the
Australian Federal Police Act 1979 ) of the Australian Federal Police; or(b) a member of the police force or police service of a State.
police station includes:
(a) a police station of a State or Territory; and
(b) a building occupied by the Australian Federal Police.
possession , in relation to a thing, includes having the thing under control in any place whatsoever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.
premises includes a place and a conveyance.
Pre‑Trial Chamber means the Pre‑Trial Chamber of the ICC.
prisoner , except in the expressionICC prisoner , means a federal prisoner or a State prisoner.
prison officer means a person appointed or employed to assist in the management of a prison.
proceeds of a crime within the jurisdiction of the ICC means proceeds (within the meaning of the Proceeds of Crime Act) of such a crime.
proceeds jurisdiction has the same meaning as in the Proceeds of Crime Act.
Proceeds of Crime Act means theProceeds of Crime Act 2002 .
proceeds of crime authority has the same meaning as in the Proceeds of Crime Act.Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the DPP (see the definition of
proceeds of crime authority in section 338 of that Act).
proceeds request has the meaning given by section 81.
property means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.
Prosecutor means the Prosecutor of the ICC.
recently used conveyance , in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.
related crime within the jurisdiction of the ICC : a crime within the jurisdiction of the ICC is related to another crime within the jurisdiction of the ICC if the physical elements of the 2 crimes are substantially the same acts or omissions.
request for arrest and surrender of a person means a request made to Australia by the ICC for the arrest and surrender of the person and, if a request has previously been made by the ICC for the provisional arrest of the person, includes a subsequent request made by the ICC for the surrender of the person.
request for cooperation has the meaning given by section 7.
request for provisional arrest of a person means a request made to Australia by the ICC for the provisional arrest of the person.
request for surrender of a person means a request made by the ICC for the surrender of the person, whether in conjunction with a request made by the ICC for the arrest of the person or subsequent to a request made by the ICC for the provisional arrest of the person.
responsible enforcement agency head means the head of the enforcement agency whose authorised officer is responsible for executing a POCA search warrant.
restraining order means a restraining order under section 17 of the Proceeds of Crime Act.
Rules means the Rules of Procedure and Evidence in force under article 51 of the Statute.
search warrant (except in Part 4) means a warrant issued under section 111.
seizable item means anything that would present a danger to a person or could be used to assist a person to escape from lawful custody.
senior police officer has the meaning given by subsection 88(3).
serve a sentence imposed by the ICC includes complete the service of such a sentence that has been partly served.
State includes the Australian Capital Territory and the Northern Territory.
State Minister means:
(a) in relation to a particular State other than the Australian Capital Territory or the Northern Territory—the Minister of the State administering the law of the State relating to the transfer of prisoners; and
(b) in relation to the Australian Capital Territory—the Minister for the Australian Capital Territory administering the law of the Australian Capital Territory relating to the transfer of prisoners; and
(c) in relation to the Northern Territory—the Minister for the Northern Territory administering the law of the Northern Territory relating to the transfer of prisoners;
and includes any Minister acting for the time being for or on behalf of the Minister referred to in any of the above paragraphs and any person to whom the Minister so referred to has delegated any of the Minister’s functions under this Act.
State prisoner means a person who:
(a) is being held in custody pending:
(i) trial for; or
(ii) a committal hearing or a summary hearing in relation to; or
(iii) sentencing for;
an offence against a law of a State; or
(b) is under a sentence of imprisonment for an offence against a law of a State, or is otherwise subject to detention under a law of a State;
but does not include a person who is at large after having escaped from lawful custody.
Statute means the Statute of the International Criminal Court done at Rome on 17 July 1998, a copy of the English text of which is set out in Schedule 1.
statutory form , in relation to a warrant, notice, application or direction, means the form of the warrant, notice, application or direction, as the case may be, set out in the regulations.
stored communication has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
strip search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove all of his or her garments; and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those garments.
superintendent of a prison means the person for the time being in charge of the prison.
surrender of a person means surrender of the person to the ICC.
surrender warrant means a warrant issued under section 28.
telecommunications system has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
Territory does not include the Australian Capital Territory or the Northern Territory.
Trial Chamber means the Trial Chamber of the ICC.
warrant premises means premises in relation to which a search warrant is in force.
This Act binds the Crown in right of the Commonwealth and in right of each of the States.
This Act extends to each external Territory.
(1) A
request for cooperation is a request made by the ICC to Australia, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, for:
(a) assistance in connection with any one or more of the following:
(i) the arrest (including the provisional arrest), and surrender to the ICC, of a person in relation to whom the ICC has issued a warrant of arrest or a judgment of conviction;
(ii) the identification and whereabouts of a person or the location of items;
(iii) the taking of evidence, including testimony on oath, and the production of evidence, including expert opinions and reports necessary to the ICC;
(iv) the questioning of any person being investigated or prosecuted;
(v) the service of documents, including judicial documents;
(vi) facilitating the voluntary appearance of persons (other than prisoners) before the ICC;
(vii) the temporary transfer of prisoners to the ICC;
(viii) the examination of places or sites;
(ix) the execution of searches and seizures;
(x) the provision of records and documents, including official records and documents;
(xi) the protection of victims or witnesses or the preservation of evidence;
(xii) the identification, tracing, and freezing or seizure, of the proceeds of crimes within the jurisdiction of the ICC for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(b) any other type of assistance that is not prohibited by Australian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC and the enforcement of orders of the ICC made after convictions for such crimes.
(2) This Act does not prevent the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.
(1) Subject to section 9, a request for cooperation is to be made in writing:
(a) to the Attorney‑General through the diplomatic channel; or
(b) through the International Criminal Police Organisation or any other appropriate regional organisation.
(2) If a request for cooperation is sent to, or received by, a person to whom the Attorney‑General has delegated a power to deal with the request, the request is taken for the purposes of this Act to have been sent to, or received by, the Attorney‑General.
(1) A request for cooperation made in urgent cases, and any request for provisional arrest, may be made by using any medium capable of delivering a written record.
(2) If a request is made or sent in the first instance in a manner specified in subsection (1), it must be followed as soon as practicable by a formal request made in accordance with section 8.
(1) A request for cooperation must be executed in accordance with the relevant procedure under the applicable Australian law (as provided in this Act).
(2) If the request states that it should be executed in a particular manner that is not prohibited by Australian law or by using a particular procedure that is not prohibited by Australian law, the Attorney‑General must use his or her best efforts to ensure that the request is executed in that manner or by using that procedure, as the case may be.
(3) This section does not affect the operation of subsection 106(1) (which allows the Prosecutor in certain circumstances to execute a request for cooperation to which Part 4 applies) or section 107 (which allows the Prosecutor in certain circumstances to conduct investigations in Australia).
(1) The Attorney‑General must consult with the ICC, without delay, if, for any reason, there are or may be problems with the execution of a request for cooperation.
(2) Before refusing a request for assistance of a kind mentioned in paragraph 1(l) of article 93 of the Statute, the Attorney‑General must consult with the ICC to ascertain whether the assistance requested could be provided:
(a) subject to conditions; or
(b) at a later date or in an alternative manner.
(3) Without limiting the types of conditions under which assistance may be provided, the Attorney‑General may agree to information or documents being sent to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence.
(4) If the Attorney‑General sends information or documents subject to the condition specified in subsection (3), the Attorney‑General may subsequently consent to the disclosure of the documents or information for use as evidence under the provisions of Parts 5 and 6 of the Statute and in accordance with the Rules.
(1) This section applies where the Attorney‑General consults with the ICC because the execution of a request for cooperation may raise problems relating to Australia’s obligations to a foreign country under international law or international agreements as mentioned in article 98 of the Statute.
(2) If, after the consultation, the Attorney‑General is satisfied that the execution of the request would not conflict with any of those obligations, the Attorney‑General must sign a certificate stating that the execution of the request does not conflict with any of those obligations.
(3) A certificate signed under subsection (2) is conclusive evidence of the matters stated in the certificate.
(4) If, after the consultation, the Attorney‑General is not satisfied as mentioned in subsection (2), the Attorney‑General must postpone the execution of the request unless and until the foreign country has made the necessary waiver or given the necessary consent.
(1) A person dealing with a request for cooperation must keep the request, and any documents supporting it, confidential except to the extent that it is necessary to disclose the request or such a document for the purpose of executing the request.
(2) If the ICC requests that particular information made available in connection with a request for cooperation be provided and handled in a manner that protects the safety, or physical or psychological well‑being, of any victims, potential witnesses and their families, a person dealing with the request must ensure that the information is provided and handled in that manner.
(1) The Attorney‑General must notify the ICC, without undue delay, of his or her response to a request for cooperation and of the outcome of any action that has been taken in relation to the request.
(2) If the Attorney‑General decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, wholly or partly, the notice to the ICC must set out the reasons for the decision.
(3) If the request for cooperation cannot be executed for any other reason, the notice to the ICC must set out the reasons for the inability or failure to execute the request.
(4) In the case of an urgent request for cooperation, any documents or evidence produced in response must, if the ICC requests, be sent urgently to it.
(5) Documents or evidence provided or produced in response to a request for cooperation must be sent to the ICC in the original language and form.
In determining what action to take in relation to a request for cooperation, the Attorney‑General must take into account the power of the ICC to refer the matter to the Assembly of States Parties or to the Security Council in accordance with paragraph 7 of article 87 of the Statute if the ICC finds that, contrary to the provisions of the Statute, Australia has failed to comply with the request.
This Part applies to a request for arrest and surrender, or a request for provisional arrest, of a person.
If a request is made for arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre‑Trial Chamber under article 58 of the Statute, the request must contain or be supported by:
(a) information describing the person sought, being information sufficient to identify the person; and
(b) information as to the person’s probable location; and
(c) a copy of the warrant of arrest, authenticated by the ICC; and
(d) any other documents, statements or information required by or under the regulations.
If a request is made for arrest and surrender of a person who has already been convicted, the request must contain or be supported by:
(a) a copy of any warrant of arrest for the person, authenticated by the ICC; and
(b) a copy of the judgment of conviction, authenticated by the ICC; and
(c) information to demonstrate that the person sought is the person referred to in the judgment of conviction; and
(d) if the person sought has been sentenced:
(i) a copy of the sentence imposed, authenticated by the ICC; and
(ii) in the case of a sentence of imprisonment—a statement of any period already served and the period remaining to be served.
If a request is made for provisional arrest of a person, the request must contain or be supported by:
(a) information describing the person sought, being information sufficient to identify the person; and
(b) information as to the person’s probable location; and
(c) a concise statement of:
(i) the crimes within the jurisdiction of the ICC for which the person’s arrest is requested; and
(ii) the facts that are alleged to constitute those crimes, including, where possible, the dates when, and the locations at which, the crimes are alleged to have been committed; and
(d) a statement of the existence of a warrant of arrest, or of a judgment of conviction, against the person sought; and
(e) a statement that a request for surrender of the person will follow.
(1) Subject to section 22, if:
(a) the Attorney‑General receives a request for arrest and surrender of a person; and
(b) Division 2 has been complied with in respect of the request;
the Attorney‑General may, by written notice in the statutory form expressed to be directed to any magistrate, state that the request has been received.
(2) If the Attorney‑General issues such a notice, a copy of any warrant of arrest or judgment of conviction that was issued by the ICC must be attached to the notice.
(3) A magistrate must issue a warrant, by writing in the statutory form, for the person’s arrest if an application is made, in the statutory form, on behalf of the ICC, for issue of a warrant pursuant to the notice.
(4) After the warrant has been issued, the magistrate must without delay send to the Attorney‑General a report stating that the magistrate has issued the warrant.
(1) Subject to section 22, if:
(a) the Attorney‑General receives a request for provisional arrest of a person; and
(b) Division 2 has been complied with in respect of the request;
the Attorney‑General may, by written notice in the statutory form expressed to be directed to any magistrate, state that the request has been received.
(2) If the Attorney‑General issues such a notice, a magistrate must issue a warrant, by writing in the statutory form, for the person’s arrest if an application is made, in the statutory form, on behalf of the ICC, for issue of a warrant pursuant to the notice.
(3) After the warrant has been issued, the magistrate must without delay send to the Attorney‑General a report stating that the magistrate has issued the warrant.
The Attorney‑General must not issue a notice under section 20 or 21 after receipt of a request for the arrest and surrender, or for the provisional arrest, of a person for a crime unless the Attorney‑General has, in his or her absolute discretion, signed a certificate that it is appropriate to do so.
(1) If a person is arrested under a warrant issued under section 20 or 21, the person executing the warrant must, as soon as practicable after the arrest:
(a) give to the person under arrest a written notice that:
(i) specifies the crime within the jurisdiction of the ICC in respect of which the warrant was issued; and
(ii) describes the conduct that is alleged to constitute that crime; and
(b) bring the person under arrest before a magistrate in the State or Territory in which the arrest took place.
(2) The magistrate must satisfy himself or herself whether:
(a) the person is the person specified in the warrant; and
(b) the person was arrested in accordance with this Act; and
(c) section 131 has been complied with in respect of the arrest.
(3) If the magistrate is not satisfied as to any one or more of the matters mentioned in subsection (2), the magistrate must order the release of the person from custody. However, the making of the order does not prevent the person from being arrested under a further warrant issued under section 20 or 21.
(4) If the magistrate is satisfied as to all the matters mentioned in subsection (2), the magistrate must remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney‑General to issue a surrender warrant and, if a surrender warrant is issued, to enable the warrant to be executed.
(5) The magistrate must remand the person in custody unless there are special circumstances justifying remand on bail.
(6) Without limiting the other matters that may be taken into account in making a decision to grant bail, the magistrate must have regard to the following:
(a) the gravity of the alleged crimes within the jurisdiction of the ICC;
(b) whether there are urgent and exceptional circumstances that favour the grant of bail;
(c) whether necessary safeguards exist to ensure that Australia can fulfil its duty under the Statute to surrender the person.
(7) Without limiting the other matters that may be taken into account in making a decision to grant bail, the magistrate may not consider whether any warrant of arrest issued by the ICC was properly issued in accordance with the Statute.
(1) If an application for bail is made, the Attorney‑General must notify the ICC.
(2) The Attorney‑General must give to the magistrate who is considering the application the recommendations made by the ICC in relation to the application.
(3) Before giving a decision, the magistrate must consider the recommendations that the ICC has made, including any recommendations or measures to prevent the escape of the person.
(4) If the person is granted bail, the Attorney‑General must, if the ICC requests, provide periodic reports to the ICC on the person’s bail status.
(5) This section applies with any necessary modifications to any application for bail made during the period until the person is surrendered or is released according to law.
(1) The Attorney‑General must, by written notice in the statutory form, direct a magistrate to order the release from custody of a person remanded under this Division, or the discharge of the recognisances on which bail was granted to the person, as the case requires, if:
(a) where the person was remanded following the receipt of a request for provisional arrest—a request for surrender of the person has not been duly received within 60 days after the day on which the person was arrested and the person does not consent to surrender; or
(b) in any case—after considering the matters mentioned in subsection 23(6), the Attorney‑General considers for any other reason that the remand should cease.
(2) The making by a magistrate of an order under subsection (1) following a direction by the Attorney‑General does not prevent the person from being arrested and remanded pursuant to a further request for arrest and surrender of the person received after the making of the order.
(1) A person must be brought before a magistrate if:
(a) the person was arrested under a warrant issued under subsection 21(2); and
(b) the person is, under this Division, on remand 60 days after the day on which the person was arrested; and
(c) a notice has not been given under subsection 20(1) in relation to the person.
(2) Unless the magistrate is satisfied that such a notice is likely to be given within a particular period that is reasonable in all the circumstances, the magistrate must:
(a) order the release of the person from custody; or
(b) order the discharge of the recognisances on which bail was granted to the person;
as the case requires.
(3) If a magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period but the notice is not given within the period:
(a) the person must be brought before a magistrate; and
(b) the magistrate must:
(i) order the release of the person from custody; or
(ii) order the discharge of the recognisances on which bail was granted to the person;
as the case requires.
(1) If:
(a) a person is arrested under a warrant issued under section 20 or 21; and
(b) a police officer has reasonable grounds for suspecting that evidential material relating to a crime within the jurisdiction of the ICC in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, at any premises;
the police officer may, by an information on oath that sets out the grounds for the suspicion, apply for a search warrant in relation to the premises to search for that material.
(2) If:
(a) a person is arrested under a warrant issued under section 20 or 21; and
(b) a police officer has reasonable grounds for suspecting that evidential material relating to a crime within the jurisdiction of the ICC in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, in a person’s possession;
the police officer may, by an information on oath that sets out the grounds for the suspicion, apply for a search warrant in relation to the person to search for the material.
(3) For the purposes of this section, the
applicable period is:
(a) if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 116—48 hours; or
(b) otherwise—72 hours.
Note: Part 6 deals with search warrants.
(1) Except where this Division otherwise provides, if a person is remanded under Division 3, the Attorney‑General may, subject to section 29, issue a warrant for the surrender of the person.
(2) The surrender warrant must be in writing in the statutory form.
The Attorney‑General must not issue a warrant for the surrender of a person for a crime unless the Attorney‑General has, in his or her absolute discretion, signed a certificate that it is appropriate to do so.
(1) This section applies if, apart from this subsection, the Attorney‑General would be required to issue a surrender warrant for a crime within the jurisdiction of the ICC in respect of a person who is liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against Australian law.
(2) The Attorney‑General may, after consultation with the ICC, do either of the following:
(a) instead of issuing a surrender warrant that has an immediate effect, issue a surrender warrant that is to come into effect when the person ceases to be liable to be detained;
(b) issue a surrender warrant that has a temporary operation in accordance with conditions agreed with the ICC.
(1) The Attorney‑General must refuse a request for surrender of a person if the ICC determines that the case is inadmissible and subsection 33(4), 35(3) or 36(3) applies.
(2) The Attorney‑General may refuse a request for surrender of a person if:
(a) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to the same conduct, and subsection 39(6) applies; or
(b) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to different conduct, and subsection 40(3) applies.
(3) The restrictions on extradition specified in the
Extradition Act 1988 do not apply in relation to a request for surrender of a person.
(1) The Attorney‑General may postpone the execution of a request for surrender of a person for a crime within the jurisdiction of the ICC at any time before the person is surrendered if, and only if:
(a) a determination on admissibility of the kind specified in section 33, 35 or 36 is pending before the ICC; or
(b) the request would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct that constituted the crime, as provided in section 34; or
(c) the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.
(2) If the Attorney‑General postpones the execution of the request, the postponement may be for a reasonable period and may, if the Attorney‑General considers it desirable, be extended from time to time.
(3) A decision by the Attorney‑General to postpone the execution of a request:
(a) does not limit or affect the detention of a person under a warrant issued under this Part; and
(b) does not affect the validity of any act done or any warrant issued under this Part before the decision was made.
(4) However, if:
(a) the person applies to an appropriate court to be released; and
(b) the court is satisfied that reasonable notice of the intention to make the application has been given to the Attorney‑General;
the court may, unless the person is liable to be detained under any other order or other sufficient cause is shown against the release, order the release of the person from the place where the person is detained.
(1) This section applies if the person whose surrender is sought alleges to the Attorney‑General that:
(a) the case is one to which paragraph 1 of article 20 of the Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the ICC); or
(b) the person has been tried by another court for conduct also proscribed under article 6, 7 or 8 of the Statute and the case is not one to which paragraph 3(a) or (b) of article 20 of the Statute applies.
(2) The Attorney‑General must immediately consult with the ICC to determine if there has been a relevant determination on admissibility under the Statute.
(3) If the ICC has determined that the case is admissible, surrender cannot be refused on the ground of the person’s previous conviction, acquittal or trial in respect of the relevant conduct.
(4) If the ICC has determined that the case is inadmissible under article 20 of the Statute, surrender must be refused on the ground of the person’s previous conviction, acquittal or trial, as the case may be, in respect of the relevant conduct.
(5) If an admissibility determination is pending, the Attorney‑General may postpone the execution of a request until the ICC has made its determination.
(1) This section applies if a request for surrender of a person is made that would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct constituting the crime within the jurisdiction of the ICC to which the request relates.
(2) The Attorney‑General may, after consultation with the ICC:
(a) proceed with the execution of the request despite the Australian investigation or prosecution; or
(b) postpone the execution of the request until the Australian investigation or prosecution has been finally disposed of.
(3) Nothing in this section limits or affects section 30 (which allows the Attorney‑General to issue a surrender warrant that comes into effect at a later date if a person is serving a sentence for a different offence against Australian law).
(1) This section applies if:
(a) a request for surrender of a person is made; and
(b) the request relates to conduct that would constitute an offence under Australian law; and
(c) either:
(i) the conduct is being investigated or prosecuted in Australia; or
(ii) the conduct has been investigated in Australia, and a decision was made not to prosecute the person sought; and
(d) a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2(b) of article 19 of the Statute.
(2) The Attorney‑General may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.
(3) If the ICC determines that the case is inadmissible, surrender must be refused.
(4) If the ICC determines that the case is admissible and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.
(1) This section applies if the ICC is considering an admissibility challenge under article 18 or 19 of the Statute, other than a challenge of the kind referred to in section 33 or 35.
(2) The Attorney‑General may, pending a determination by the ICC on the admissibility challenge, postpone the execution of a request under this Part in respect of the crime within the jurisdiction of the ICC to which the challenge relates.
(3) If the ICC determines that the case to which the request relates is inadmissible, surrender must be refused.
(4) If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.
If a request for surrender of a person is made and a foreign country requests the extradition of the person for the conduct that forms the basis of the crime for which the person’s surrender is sought, the Attorney‑General:
(a) must notify the ICC and the foreign country of that fact; and
(b) must determine, in accordance with section 38 or 39, whether the person is to be surrendered or is to be extradited to the foreign country.
(1) This section applies if:
(a) section 37 applies; and
(b) the foreign country is a party to the Statute.
(2) Priority must be given to the request from the ICC if:
(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country in respect of its request for extradition; or
(b) the ICC makes such a determination after receiving notification of the request for extradition from the foreign country.
(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:
(a) the steps required to be taken under the
Extradition Act 1988 in relation to a request for extradition may continue to be taken; but(b) no person may be extradited under that Act pursuant to the request unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.
(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.
(1) This section applies if:
(a) section 37 applies; and
(b) the foreign country is not a party to the Statute.
(2) Priority must be given to the request for surrender if:
(a) Australia is not under an international obligation to extradite the person to the foreign country; and
(b) the ICC has determined under article 18 or 19 of the Statute that the case is admissible.
(3) The request for extradition by the foreign country may continue to be dealt with if:
(a) Australia is not under an international obligation to extradite the person to the foreign country; and
(b) the ICC has not yet determined under article 18 or 19 of the Statute that the case is admissible.
(4) Despite subsection (3), no person may be extradited under the
Extradition Act 1988 pursuant to the request for extradition unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.(5) Subsection (4) does not apply if the ICC does not make its determination on an expedited basis.
(6) If Australia is under an international obligation to extradite the person to the foreign country, the Attorney‑General must determine whether to surrender the person or to extradite the person to the foreign country.
(7) In making the determination under subsection (6), the Attorney‑General must consider all relevant matters, including, but not limited to:
(a) the respective dates of the requests; and
(b) the interests of the foreign country, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) the possibility of subsequent surrender between the ICC and the foreign country.
(1) If a request for surrender of a person is made and a foreign country requests the extradition of the person for conduct other than the conduct that forms the basis of the crime for which the person’s surrender is sought, the Attorney‑General must determine whether the person is to be surrendered or is to be extradited to the foreign country.
(2) If Australia is not under an international obligation to extradite the person to the foreign country, priority must be given to the request from the ICC.
(3) If Australia is under an international obligation to extradite the person to the foreign country, the Attorney‑General must determine whether to surrender the person or to extradite the person to the foreign country.
(4) In making the determination under subsection (3), the Attorney‑General must consider all relevant matters, including, but not limited to, the matters specified in subsection 39(7), but must give special consideration to the relative nature and gravity of the conduct for which surrender and extradition are sought.
(1) If, following notification under article 90 of the Statute, the ICC has determined that a case is inadmissible and the Attorney‑General subsequently refuses to extradite the person to the foreign country under the
Extradition Act 1988 , the Attorney‑General must notify the ICC of the refusal.(2) The obligation in this section is in addition to the requirement of section 14 for the Attorney‑General to respond formally to the request from the ICC.
(1) If the Attorney‑General issues a surrender warrant in relation to a person who is on bail, the person must be brought as soon as practicable before a magistrate in the State or Territory in which the person is on remand.
(2) The magistrate must remand the person in custody for such period or periods as may be necessary to enable the warrant to be executed.
(1) A surrender warrant in relation to the person (the
relevant person ) must:
(a) require the person in whose custody the relevant person is being held to release the relevant person into the custody of a police officer; and
(b) authorise the police officer to transport the relevant person in custody, and, if necessary or convenient, to detain the relevant person in custody, for the purpose of enabling the relevant person:
(i) to be placed in the custody of a specified person who is an officer of the ICC or other person authorised by the ICC; and
(ii) to be transported to a place specified by the ICC; and
(c) authorise the specified person to transport the relevant person in custody to a place specified by the ICC for the purpose of surrendering the relevant person to a person appointed by the ICC to receive the person.
(2) A place referred to in paragraph (1)(b) or (c) may be a place in or outside Australia.
Subject to this Division, a surrender warrant must be executed according to its terms.
(1) If:
(a) a surrender warrant has been issued in relation to a person; and
(b) the person is in custody in Australia under the warrant, or otherwise under this Act, more than 21 days after the day on which the warrant was first liable to be executed; and
(c) the person applies to the Supreme Court of the State or Territory in which the person is in custody; and
(d) reasonable notice of the intention to apply has been given to the Attorney‑General;
the Court must, subject to subsection (2), order that the person be released from that custody.
(2) However, if the Court is satisfied that the surrender warrant has not been executed within the period of 21 days, or since the person last made an application under subsection (1), as the case may be:
(a) because to do so would have endangered the person’s life, or would have prejudiced the person’s health; or
(b) for any other reasonable cause;
the Court must not order that the person be released from custody.
(1) If, at the time when a person was surrendered in connection with a crime within the jurisdiction of the ICC, the person was serving a sentence of imprisonment in respect of an offence against a law of the Commonwealth or of a Territory, or was otherwise subject to detention under a law of the Commonwealth or of a Territory:
(a) any period spent by the person in custody in connection with the surrender warrant; and
(b) subject to subsection (2), any period spent by the person in custody in connection with detention by, or on the order of, the ICC in respect of the crime;
are to be counted as periods served towards the sentence of imprisonment or period of detention.
(2) If the person is convicted of the crime within the jurisdiction of the ICC, the period spent by the person in custody serving a sentence of imprisonment imposed by the ICC for the crime is not to be counted as a period towards the sentence of imprisonment or period of detention referred to in subsection (1).
(3) A reference in this section to a period spent in custody includes a reference to a period spent in custody outside Australia.
If:
(a) at the time when a person was surrendered, the person was serving a sentence of imprisonment in respect of an offence against an Australian law, or was otherwise subject to detention under an Australian law; and
(b) each such sentence of imprisonment that the person was serving, or each such period of detention to which the person was subject, at that time expires while the person is being detained by, or on the order of, the ICC;
the Attorney‑General must without delay inform the ICC of the expiry.
(1) If the ICC requests Australia under paragraph 2 of article 101 of the Statute to waive the requirements of paragraph 1 of that article in respect of a person surrendered by Australia, the Attorney‑General may waive the requirements accordingly.
(2) Before deciding whether to waive the requirements, the Attorney‑General may request the ICC to provide additional information in accordance with article 91 of the Statute.
This Part applies to a request for cooperation other than a request for arrest and surrender, or a request for provisional arrest, of a person.
(1) A request for cooperation (other than a request to which subsection (2) applies) must, as applicable, contain or be supported by:
(a) a concise statement of the purpose of the request and the assistance requested, including the legal basis and the grounds for the request; and
(b) as much detailed information as possible about the location or identification of any person or place that must be found or identified in order that the assistance requested can be provided; and
(c) a concise statement of the essential facts underlying the request; and
(d) the reasons for, and details of, any procedure or requirement to be followed; and
(e) any other information required under the regulations to enable the request to be executed; and
(f) any other relevant information that is necessary to enable the assistance to be provided.
(2) A request for transit under paragraph 3 of article 89 of the Statute must contain, or be accompanied by, the following information and documents:
(a) a description of the person to be transported;
(b) a brief statement of the facts of the case and their legal characterisation; and
(c) a copy of the warrant for arrest and surrender.
(1) The Attorney‑General must refuse a request for cooperation in circumstances referred to in subsection 142(4) (which relates to third party information that cannot be disclosed).
(2) The Attorney‑General may refuse a request for cooperation:
(a) in circumstances referred to in Part 8 (which relates to the protection of national security interests); or
(b) if there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to the same conduct, and subsection 59(4) applies; or
(c) if there are competing requests from the ICC, and from a foreign country, relating to different conduct, and subsection 60(3) applies.
(1) The Attorney‑General may postpone the execution of a request for cooperation if, and only if:
(a) the execution of the request would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct to which the request relates, and section 54 applies; or
(b) a determination of admissibility is pending before the ICC, and section 55 applies; or
(c) there are competing requests from the ICC and from a foreign country to which Australia is under an international obligation, and paragraph 56(2)(a) applies; or
(d) the request is for assistance under paragraph 1(l) of article 93 of the Statute, and subsection 11(2) applies; or
(e) the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.
(2) Even if subsection (1) applies to a request for cooperation, the Attorney‑General may decide not to postpone the execution of the request and, in that event, the request must be dealt with in accordance with this Part.
(3) If the Attorney‑General postpones the execution of the request for cooperation, the postponement may be for a reasonable period and may, if the Attorney‑General considers it desirable, be extended from time to time.
If:
(a) the execution of a particular measure of assistance specified in a request for cooperation is prohibited in Australia; and
(b) the Attorney‑General consults with the ICC in accordance with subsection 11(2) in respect of the request; and
(c) the matter is not resolved but the ICC modifies the request so that it can be dealt with under this Act;
the Attorney‑General must deal with the request accordingly.
(1) If the immediate execution of a request for cooperation would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct to which the request relates, the Attorney‑General may postpone the execution of the request for a period agreed between the Attorney‑General and the ICC.
(2) Despite subsection 52(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3) Before making a decision to postpone the execution of a request, the Attorney‑General must consider whether the assistance could be provided immediately subject to conditions.
(4) If the Attorney‑General decides to postpone the execution of a request and the ICC requests assistance in the preservation of evidence under paragraph 1(j) of article 93 of the Statute, the Attorney‑General must deal with the request in accordance with this Part.
(1) This section applies if the ICC is considering an admissibility challenge under article 18 or 19 of the Statute in respect of a case to which a request for cooperation relates.
(2) If the ICC has not made an order under article 18 or 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney‑General may postpone the execution of the request until the ICC has made its determination on admissibility.
(3) If the ICC has made an order under article 18 or 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney‑General may not postpone the execution of the request under this section but must deal with it under this Part.
(4) If the ICC determines that the case to which the request relates is inadmissible, the request must be refused.
(5) If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.
(1) If a request for cooperation is made and a foreign country makes a request for assistance to which Australia is under an international obligation to respond, the Attorney‑General must, after consultation with the ICC and that country, try to comply with both requests.
(2) For the purposes of subsection (1), the Attorney‑General may do either or both of the following:
(a) postpone the execution of either of the requests;
(b) attach conditions to the provision of assistance under either or both of the requests.
(3) If it is not possible to resolve the issue by consultation, the method of dealing with the requests must be resolved in accordance with sections 57 to 61.
If a request for cooperation is made and a foreign country requests assistance from Australia in respect of a matter relating to the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney‑General:
(a) must notify the ICC and the foreign country of that fact; and
(b) must determine, in accordance with section 58 or 59, whether the request for cooperation or the request from the foreign country is to be complied with.
(1) This section applies if:
(a) section 57 applies; and
(b) the foreign country is a party to the Statute.
(2) Priority must be given to the request for cooperation if:
(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country; or
(b) the ICC makes such a determination after receiving notification of the request from the foreign country.
(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:
(a) any preliminary steps required to be taken to give effect to the request from the foreign country may continue to be taken; but
(b) the request may not be complied with unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.
(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.
(1) This section applies if:
(a) section 57 applies; and
(b) the foreign country is not a party to the Statute.
(2) Priority must be given to the request for cooperation if:
(a) Australia is not under an international obligation to comply with the request from the foreign country; and
(b) the ICC has determined under article 18 or 19 of the Statute that the case is admissible.
(3) The request from the foreign country may continue to be dealt with if:
(a) Australia is not under an international obligation to comply with the request; and
(b) the ICC has not yet determined under article 18 or 19 of the Statute that the case is admissible.
(4) If Australia is under an international obligation to comply with the request from the foreign country, the Attorney‑General must determine whether the request for cooperation or the request from the foreign country is to be complied with.
(5) In making a determination under subsection (4), the Attorney‑General must consider all relevant matters, including, but not limited to:
(a) the respective dates of the requests; and
(b) the interests of the foreign country, including, if relevant, whether the crime to which the request from that country relates was committed in its territory and the nationality of the victims and of the person who is alleged to have engaged in the conduct forming the basis of that crime.
(1) If a request for cooperation is made and a foreign country requests assistance from Australia in respect of a matter relating to conduct other than the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney‑General must determine whether the request for cooperation or the request from the foreign country is to be complied with.
(2) If Australia is not under an international obligation to comply with the request from the foreign country, priority must be given to the request for cooperation.
(3) If Australia is under an international obligation to comply with the request from the foreign country, the Attorney‑General must determine whether the request for cooperation or the request from the foreign country is to be complied with.
(4) In making a determination under subsection (3), the Attorney‑General must consider all relevant matters, including, but not limited to, the matters specified in subsection 59(5), but must give special consideration to the relative seriousness of the offences to which the requests relate.
(1) If, following notification under article 90 of the Statute, the ICC has determined that a case is inadmissible and the Attorney‑General subsequently refuses the request for assistance from the foreign country, the Attorney‑General must notify the ICC of the refusal.
(2) The obligation in this section is in addition to the requirement of section 14 for the Attorney‑General to respond formally to the request for cooperation.
If a request for cooperation relates to a person who, or information or property that, is subject to the control of a foreign country or an international organisation under an international agreement, the Attorney‑General must inform the ICC so as to enable it to direct its request to the foreign country or international organisation.
(1) This section applies if:
(a) the ICC requests assistance in locating, or identifying and locating, a person or thing; and
(b) the Attorney‑General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the person or thing is or may be in Australia.
(2) The Attorney‑General is to execute the request by authorising, in writing, the making of inquiries for the purpose of locating, or identifying and locating, the person or thing.
(3) If the Attorney‑General authorises the making of such inquiries, an appropriate authority is to locate, or identify and locate, the person or thing.
(4) The authority is to notify the Attorney‑General of the result of the inquiries.
(5) This section does not give to any person a power to enter premises.
(1) This section applies if:
(a) the ICC requests that:
(i) evidence be taken in Australia; or
(ii) documents or other articles in Australia be produced; and
(b) the Attorney‑General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) there are reasonable grounds for believing that the evidence can be taken, or the documents or other articles can be produced, as the case may be, in Australia.
(2) The Attorney‑General is to execute the request by authorising, in writing:
(a) the taking of evidence or production of documents or other articles; and
(b) the sending of evidence, documents or other articles to the ICC.
(1) If the Attorney‑General authorises the taking of evidence, a magistrate:
(a) must give written notice to each person from whom evidence is to be taken stating that the authorisation has been given and setting out the date and time when, and the place where, the evidence is to be taken; and
(b) may take the evidence on oath from each witness appearing before the magistrate to give evidence in relation to the matter.
(2) Evidence from a witness may be taken by means of video or audio technology.
(3) A magistrate who takes any such evidence must:
(a) cause the evidence to be recorded in writing or in any other form that the magistrate considers to be appropriate in the circumstances; and
(b) certify that the evidence was taken by the magistrate; and
(c) cause the writing, or other record of the evidence, so certified to be sent to the Attorney‑General.
(1) If the Attorney‑General authorises the production of documents or other articles, a magistrate:
(a) must give written notice to each person by whom documents or other articles are to be produced stating that the authorisation has been given and setting out the date and time when, and the place where, the documents or other articles are to be produced; and
(b) may require production of the documents or other articles.
(2) Subject to subsection (3), if the documents or other articles are produced, a magistrate must send them to the Attorney‑General together with a written statement certifying that they were produced to that magistrate.
(3) In the case of documents, a magistrate may send to the Attorney‑General copies of the documents certified by that magistrate to be true copies.
(1) The evidence of a witness may be taken under section 65 in the presence or absence of:
(a) the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates; or
(b) his or her legal representative (if any).
(2) The magistrate conducting a proceeding under either section 65 or 66, or both, may permit:
(a) if the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates has been notified of the proceeding before the magistrate—that person; and
(b) any other person giving evidence or producing documents or other articles at the proceeding before the magistrate; and
(c) a representative of the Prosecutor or of the ICC;
to have legal representation at the proceeding before the magistrate.
A certificate by a magistrate under subsection 65(3) or 66(2) must state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present:
(a) the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, or his or her legal representative (if any);
(b) any other person giving evidence or producing documents or other articles, or his or her legal representative (if any).
(1) Subject to subsections (2) and (3), the laws of each State or Territory with respect to compelling persons:
(a) to attend before a magistrate; and
(b) to give evidence, answer questions, and produce documents or other articles;
on the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of application, with respect to so compelling persons for the purposes of this Division.
(2) For the purposes of this Division, the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, is competent but not compellable to give evidence.
(3) If:
(a) a person is required to give evidence, or produce documents or other articles, for the purposes of an investigation conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person is not compellable to answer a particular question, or to produce a particular document or article, for the purposes of that investigation or proceeding;
the person is not compellable to answer the question, or produce the document or article, for the purposes of this Division.
(1) The Attorney‑General may authorise, in writing, the provision of material to the ICC if:
(a) the ICC has requested the material; and
(b) the Attorney‑General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) if the material is or includes lawfully intercepted information or interception warrant information—the investigation is into, or the proceeding relates to, an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life; and
(iii) the material was lawfully obtained in Australia by, and is lawfully in the possession of, a law enforcement agency.
(1A) The Attorney‑General may authorise, in writing, the provision of material to the ICC if:
(a) the ICC has requested the material; and
(b) the Attorney‑General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(c) the material is or includes protected information (within the meaning of Schedule 1 to the
Telecommunications (Interception and Access) Act 1979 ) that:
(i) was obtained in accordance with an international production order issued under Part 2 or 3 of that Schedule; or
(ii) relates to such an international production order; and
(d) if the material is or includes protected information (within the meaning of Schedule 1 to the
Telecommunications (Interception and Access) Act 1979 ) that:
(i) was obtained in accordance with an international production order issued under clause 30 or 60 of that Schedule; or
(ii) relates to such an international production order;
the Attorney‑General is satisfied that the investigation is into, or the proceeding relates to, an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life; and
(e) the Attorney‑General is satisfied that the material is lawfully in the possession of a law enforcement agency.
(2) An authorisation under subsection (1) or (1A) may:
(a) specify the uses to which the material can be put by the ICC; and
(b) include a direction to a law enforcement officer of the law enforcement agency about how the material is to be provided to the ICC.
(3) Material
lawfully obtained in Australia includes:
(a) material obtained from individuals or entities by consent; and
(b) material obtained by warrant, or the exercise of a coercive power by a court, in Australia for the purposes of a domestic investigation or prosecution.
(1) This section applies if:
(a) the ICC requests assistance in questioning a person; and
(b) the Attorney‑General is satisfied that:
(i) the request relates to an investigation of the person that is being conducted by the Prosecutor or to a prosecution of the person before the ICC; and
(ii) the person is or may be in Australia.
(2) The Attorney‑General is to execute the request by authorising, in writing, the questioning of the person.
(3) If the Attorney‑General authorises the questioning of the person, a magistrate is to ask the person in writing to appear before the magistrate at a specified time and place for the purpose of being questioned.
(4) If the person appears before the magistrate:
(a) the magistrate, a police officer or the DPP may ask the person questions to which the request relates; and
(b) the magistrate must cause a record in writing, or in another form that the magistrate considers to be appropriate in the circumstances, to be made of the questions asked and any answers given; and
(c) the magistrate must certify the correctness of the record; and
(d) the magistrate must cause the record so certified to be sent to the Attorney‑General.
(5) If the person refuses or fails to appear before the magistrate, the magistrate is to notify the Attorney‑General in writing of the refusal or failure.
(1) Before a person is questioned under section 70, the person must be informed that there are grounds to believe that he or she has committed a crime within the jurisdiction of the ICC and that he or she has the following rights:
(a) the right to remain silent without such silence being a consideration in the determination of guilt or innocence;
(b) the right to have legal assistance of his or her choosing or, if he or she does not have legal assistance, to have legal assistance assigned to him or her in any case where the interests of justice so require and without payment by him or her in such a case if he or she does not have sufficient means to pay for the assistance;
(c) the right to have his or her legal representative present when he or she is questioned unless he or she has voluntarily waived that right.
(2) If there is any inconsistency between subsection (1) and any other Australian law, subsection (1) prevails.
(3) This section does not give to any person a power to require another person to answer questions.
(1) This section applies if:
(a) the ICC requests assistance in arranging for the service of a document in Australia; and
(b) the Attorney‑General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the person is or may be in Australia.
(2) The Attorney‑General is to execute the request by authorising, in writing, the service of the document.
(3) If the Attorney‑General authorises the service of the document, an appropriate authority is to:
(a) cause the document to be served:
(i) in accordance with any procedure specified in the request; or
(ii) if that procedure would be unlawful or inappropriate in Australia, or no procedure is specified—in accordance with Australian law;
and send to the Attorney‑General a certificate stating that the document has been served; or
(b) if the document is not served—send to the Attorney‑General a statement of the matters that prevented service.
(4) In this section:
document includes:
(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused person that has been issued under paragraph 7 of article 58 of the Statute.
(5) If:
(a) a document that is served on a person pursuant to an authority given under this section is a summons referred to in subsection (4); and
(b) the person fails to comply with the summons;
the person commits an offence punishable, on conviction, by imprisonment for a period not exceeding 12 months.
(1) This section applies if:
(a) the ICC requests assistance in facilitating the voluntary appearance of a person as a witness or expert before the ICC; and
(b) the Attorney‑General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the person’s appearance is requested so that the person can assist the investigation or give evidence at the proceeding; and
(iii) the person is in Australia and is not a prisoner; and
(iv) the person has consented in writing to assisting the investigation or giving evidence at the proceeding.
(2) The Attorney‑General is to execute the request by making arrangements for the travel of the person to the ICC.
(1) This section applies if:
(a) the ICC requests assistance in facilitating the temporary transfer of a person to the ICC; and
(b) the person is a prisoner who is in Australia (whether or not in custody); and
(c) the Attorney‑General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
The application of widely accepted international treaty standards governing the treatment of prisoners;
The views of the sentenced person;
The nationality of the sentenced person;
Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.
3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.
1. A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person’s delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement.
2. The Court shall decide the matter after having heard the views of the sentenced person.
3. Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.
1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
(b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.
If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person’s surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person’s surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.
PART 11. ASSEMBLY OF STATES PARTIES
1. An Assembly of States Parties to this Statute is hereby established. Each State Party shall have one representative in the Assembly who may be accompanied by alternates and advisers. Other States which have signed this Statute or the Final Act may be observers in the Assembly.
2. The Assembly shall:
(a) Consider and adopt, as appropriate, recommendations of the Preparatory Commission;
(b) Provide management oversight to the Presidency, the Prosecutor and the Registrar regarding the administration of the Court;
(c) Consider the reports and activities of the Bureau established under paragraph 3 and take appropriate action in regard thereto;
(d) Consider and decide the budget for the Court;
(e) Decide whether to alter, in accordance with article 36, the number of judges;
(f) Consider pursuant to article 87, paragraphs 5 and 7, any question relating to non‑cooperation;
(g) Perform any other function consistent with this Statute or the Rules of Procedure and Evidence.
3. (a) The Assembly shall have a Bureau consisting of a President, two Vice‑Presidents and 18 members elected by the Assembly for three‑year terms.
The Bureau shall have a representative character, taking into account, in particular, equitable geographical distribution and the adequate representation of the principal legal systems of the world.
The Bureau shall meet as often as necessary, but at least once a year. It shall assist the Assembly in the discharge of its responsibilities.
4. The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy.
5. The President of the Court, the Prosecutor and the Registrar or their representatives may participate, as appropriate, in meetings of the Assembly and of the Bureau.
6. The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.
7. Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, except as otherwise provided in the Statute:
(a) Decisions on matters of substance must be approved by a two‑thirds majority of those present and voting provided that an absolute majority of States Parties constitutes the quorum for voting;
(b) Decisions on matters of procedure shall be taken by a simple majority of States Parties present and voting.
8. A State Party which is in arrears in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party.
9. The Assembly shall adopt its own rules of procedure.
10. The official and working languages of the Assembly shall be those of the General Assembly of the United Nations.
PART 12. FINANCING
Except as otherwise specifically provided, all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be governed by this Statute and the Financial Regulations and Rules adopted by the Assembly of States Parties.
Expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court.
The expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as provided for in the budget decided by the Assembly of States Parties, shall be provided by the following sources:
(a) Assessed contributions made by States Parties;
(b) Funds provided by the United Nations, subject to the approval of the General Assembly, in particular in relation to the expenses incurred due to referrals by the Security Council.
Without prejudice to article 115, the Court may receive and utilize, as additional funds, voluntary contributions from Governments, international organizations, individuals, corporations and other entities, in accordance with relevant criteria adopted by the Assembly of States Parties.
The contributions of States Parties shall be assessed in accordance with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and adjusted in accordance with the principles on which that scale is based.
The records, books and accounts of the Court, including its annual financial statements, shall be audited annually by an independent auditor.
PART 13. FINAL CLAUSES
1. Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court.
2. Any other dispute between two or more States Parties relating to the interpretation or application of this Statute which is not settled through negotiations within three months of their commencement shall be referred to the Assembly of States Parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the International Court of Justice in conformity with the Statute of that Court.
No reservations may be made to this Statute.
1. After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. The text of any proposed amendment shall be submitted to the Secretary‑General of the United Nations, who shall promptly circulate it to all States Parties.
2. No sooner than three months from the date of notification, the Assembly of States Parties, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.
3. The adoption of an amendment at a meeting of the Assembly of States Parties or at a Review Conference on which consensus cannot be reached shall require a two‑thirds majority of States Parties.
4. Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary‑General of the United Nations by seven‑eighths of them.
5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party’s nationals or on its territory.
6. If an amendment has been accepted by seven‑eighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment.
7. The Secretary‑General of the United Nations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a Review Conference.
1. Amendments to provisions of this Statute which are of an exclusively institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39, paragraphs 1 (first two sentences), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44, 46, 47 and 49, may be proposed at any time, notwithstanding article 121, paragraph 1, by any State Party. The text of any proposed amendment shall be submitted to the Secretary‑General of the United Nations or such other person designated by the Assembly of States Parties who shall promptly circulate it to all States Parties and to others participating in the Assembly.
2 Amendments under this article on which consensus cannot be reached shall be adopted by the Assembly of States Parties or by a Review Conference, by a two‑thirds majority of States Parties. Such amendments shall enter into force for all States Parties six months after their adoption by the Assembly or, as the case may be, by the Conference.
1. Seven years after the entry into force of this Statute the Secretary‑General of the United Nations shall convene a Review Conference to consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes contained in article 5. The Conference shall be open to those participating in the Assembly of States Parties and on the same conditions.
2. At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1, the Secretary‑General of the United Nations shall, upon approval by a majority of States Parties, convene a Review Conference.
3. The provisions of article 121, paragraphs 3 to 7, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review Conference.
Notwithstanding article 12, paragraphs 1 and 2, a State, on becoming a party to this Statute, may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference convened in accordance with article 123, paragraph 1.
1. This Statute shall be open for signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the United Nations, on 17 July 1998. Thereafter, it shall remain open for signature in Rome at the Ministry of Foreign Affairs of Italy until 17 October 1998. After that date, the Statute shall remain open for signature in New York, at United Nations Headquarters, until 31 December 2000.
2. This Statute is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary‑General of the United Nations.
3. This Statute shall be open to accession by all States. Instruments of accession shall be deposited with the Secretary‑General of the United Nations.
1. This Statute shall enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary‑General of the United Nations.
2. For each State ratifying, accepting, approving or acceding to this Statute after the deposit of the 60th instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first day of the month after the 60th day following the deposit by such State of its instrument of ratification, acceptance, approval or accession.
1. A State Party may, by written notification addressed to the Secretary‑General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
2. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.
The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary‑General of the United Nations, who shall send certified copies thereof to all States.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Statute.
DONE at Rome, this 17th day of July 1998.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
International Criminal Court Act 2002 | 41, 2002 | 27 June 2002 | s 7–189: 26 Sept 2002 (s 2(1) item 2) Remainder: 28 June 2002 (s 2(1) items 1, 3) | |
Territories Law Reform Act 2010 | 139, 2010 | 10 Dec 2010 | Sch 1 (items 69–71): 11 Dec 2010 (s 2(1) item 2) | — |
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 | 3, 2011 | 2 Mar 2011 | Sch 2 (item 23): 3 Mar 2011 (s 2(1) item 4) | — |
Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime Orders) Act 2011 | 83, 2011 | 25 July 2011 | Sch 1 (items 1, 2, 8, 9): 25 July 2011 (s 2) | Sch 1 (items 8, 9) |
Crimes Legislation Amendment Act (No. 2) 2011 | 174, 2011 | 5 Dec 2011 | Sch 2 (items 198–209): 1 Jan 2012 (s 2(1) item 5) | Sch 2 (item 209) |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 8 (item 23): 24 June 2014 (s 2(1) item 9) | — |
Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 1 (items 134–140): 18 June 2015 (s 2(1) item 2) Sch 1 (items 184–203): 27 May 2015 (s 2(1) item 3) | Sch 1 (items 184–203) |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 203): 10 Mar 2016 (s 2(1) item 6) | — |
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 | 34, 2018 | 22 May 2018 | Sch 1 (items 1, 2, 12–16, 22–25, 71, 72, 80, 81, 135, 136, 139–200): 22 Nov 2018 (s 2(1) item 2) | Sch 1 (items 16, 139, 199, 200) |
Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 | 148, 2018 | 8 Dec 2018 | Sch 2 (items 133, 146): 9 Dec 2018 (s 2(1) item 5) | Sch 2 (item 146) |
Telecommunications Legislation Amendment (International Production Orders) Act 2021 | 78, 2021 | 23 July 2021 | Sch 1 (items 6, 7): 24 July 2021 (s 2(1) item 2) | — |
s 4......................................... | am No 139, 2010; No 174, 2011; No 31, 2014; No 59, 2015; No 34, 2018 |
s 66........................................ | am No 34, 2018 |
Division 5A............................ | ad No 34, 2018 |
s 69A..................................... | ad No 34, 2018 |
am No 78, 2021 | |
Division 10A.......................... | ad No 34, 2018 |
s 76A..................................... | ad No 34, 2018 |
s 76B..................................... | ad No 34, 2018 |
Division 11A.......................... | ad No 34, 2018 |
s 78A..................................... | ad No 34, 2018 |
Division 11B.......................... | ad No 34, 2018 |
s 78B..................................... | ad No 34, 2018 |
Division 12A.......................... | ad No 34, 2018 |
s 79A..................................... | ad No 34, 2018 |
Division 12B.......................... | ad No 148, 2018 |
s 79B..................................... | ad No 148, 2018 |
s 81........................................ | am No 34, 2018 |
s 81A..................................... | ad No 34, 2018 |
s 82........................................ | am No 174, 2011; No 34, 2018 |
s 85........................................ | rep No 34, 2018 |
s 86........................................ | am No 34, 2018 |
s 88........................................ | am No 34, 2018 |
s 90........................................ | am No 34, 2018 |
s 91........................................ | am No 4, 2016 |
s 92........................................ | am No 4, 2016 |
s 93........................................ | am No 4, 2016; No 34, 2018 |
s 94........................................ | rep No 34, 2018 |
s 95........................................ | am No 34, 2018 |
Subdivision F heading............. | rs No 34, 2018 |
s 97........................................ | rep No 34, 2018 |
s 98........................................ | am No 34, 2018 |
s 99........................................ | rs No 34, 2018 |
s 99A..................................... | ad No 34, 2018 |
s 100...................................... | am No 34, 2018 |
s 101...................................... | am No 34, 2018 |
s 102...................................... | rs No 34, 2018 |
s 153...................................... | am No 34, 2018 |
s 154...................................... | am No 34, 2018 |
s 155...................................... | am No 174, 2011; No 34, 2018 |
s 156...................................... | am No 83, 2011; No 174, 2011; No 34, 2018 |
s 157...................................... | am No 174, 2011 |
s 158...................................... | am No 174, 2011 |
s 183...................................... | rs No 3, 2011 |
s 186...................................... | am No 59, 2015 |
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