International War Crimes Tribunals Regulations 1995 (Cth)

International War Crimes Tribunals Regulations 1995

Statutory Rules No. 250, 1995

made under the

International War Crimes Tribunals Act 1995

Compilation No. 2

Compilation date: 22 November 2018

Includes amendments up to: F2018L01408

Registered: 27 November 2018

About this compilation

This compilation

This is a compilation of the International War Crimes Tribunals Regulations 1995 that shows the text of the law as amended and in force on 22 November 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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.

Application, saving and transitional provisions for provisions and amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Form 1 5

Form 2 6

Form 3 7

Form 4 8

Form 5 9

Form 6 10

Form 7 11

Form 8 12

Form 9 14

Form 10 16

Form 11 17

Form 12 19

Form 13 20

Form 14 21

Form 15 23

Form 16 25

Form 17 27

Form 18 29

Form 19 30

Form 20 31

1Name of Regulations

 These Regulations are the International War Crimes Tribunals Regulations 1995.

3Interpretation

• (1)

  In these Regulations, unless the contrary intention appears:

Act means the International War Crimes Tribunals Act 1995.

• (2)

  In these Regulations, a reference to a form by number is a reference to the form bearing that number in the Schedule.

  Note: Section 25C of the Acts Interpretation Act 1901 provides that strict compliance with a form is not required and substantial compliance is sufficient.

4Statutory forms

 For the purposes of a provision of the Act specified in column 2 of an item in the following table, the statutory form mentioned in that provision is set out in the form specified in column 3 of the item:

Column 1 Item	Column 2 Provision of the Act and description of form	Column 3 Form
1	subsection 9 (1) notice	1
2	subsection 10 (1) application for warrant for arrest	2
3	subsection 10 (1) warrant for arrest	3
4	paragraph 10 (2) (a) application for warrant for arrest	4
5	subsection 10 (2) warrant for arrest	5
6	section 11 notice	6
7	section 13 notice	7
8	section 17 notice	10
9	subsection 18 (2) surrender warrant	11
10	subsection 26 (2) notice	12

5Other forms

 An application or authorisation, or a warrant, of a kind specified in column 2 of an item in the following table that is mentioned in a provision of the Act specified in that column of the item must be made or given, as each case requires, in the form specified in column 3 of the item:

Column 1 Item	Column 2 Provision of the Act and description of form	Column 3 Form
1	subsection 15 (1) application for warrant to search premises	8
2	subsection 15 (2) application for warrant to search person	9
3	subsection 33 (1) authorisation to apply for search warrant	13
4	subsection 34 (1) application for warrant to search premises	14
5	subsection 34 (2) application for warrant to search person	15
6	subsection 47 (1) warrant to search premises	16
7	subsection 47 (2) warrant to search person	17
8	subsection 58 (7) application to extend period	18
9	subsection 78 (3) warrant for return to custody	19

6Power of magistrates to send for witnesses and documents

• (1)

  A magistrate who performs a function under the Act may issue a summons in accordance with Form 20 that requires the person named in the summons:

  • (a)

    to attend as a witness before a magistrate in connection with the performance by the magistrate of a function under the Act; and

  • (b)

    to give evidence, answer questions and produce to a magistrate such documents and other articles in the person’s custody or control as are referred to in the summons.

• (2)

  Service on a person of a summons:

  • (a)

    may be effected in any State or Territory; and

  • (b)

    must be effected by:

    • (i)

      showing the summons to the person; and

    • (ii)

      personal delivery of a copy of the summons to the person.

7Duty of witness to attend

 A person summoned as a witness must attend at the place and time, and on the date, specified in the summons unless excused, or until released, from attending by a magistrate.

8Witness fees and allowances

• (1)

  A person who attends as a witness before a magistrate in a State or Territory in accordance with a summons is entitled to be paid:

  • (a)

    fees and allowances as if the person were attending a court of summary jurisdiction in the State or Territory to give evidence before the court as a witness; or

  • (b)

    in special circumstances, such fees and allowances as the magistrate directs.

• (2)

  Fees and allowances are payable to a witness under subregulation (1) subject to the deduction of any amount previously paid to the witness for the expenses that he or she has incurred to attend before a magistrate as a witness.

• (3)

  Fees and allowances are payable by the person at whose request the witness was summoned.

9Power to examine on oath or affirmation

 A magistrate may:

• (a)

  administer an oath to a person appearing as a witness before the magistrate; and

• (b)

  examine the witness on oath.

  Note: Under section 2B of the Acts Interpretation Act 1901, oath includes affirmation, declaration and promise.

10Protection in relation to functions under the Act

 (1)A magistrate who performs a function under the Act in a State or Territory has the same protection and immunity as a Judge of the Supreme Court of the State or Territory has in the performance of his or her duty as a Judge of the Supreme Court.

• (2)

  A legal practitioner appearing before a magistrate in a State or Territory in connection with the performance by the magistrate of a function under the Act has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court of the State or Territory.

• (3)

  If a person who is not represented by a legal practitioner appears before a magistrate in a State or Territory in connection with the performance by the magistrate of a function under the Act, the person has the same protection and immunity as a party to proceedings in the Supreme Court of the State or Territory has when appearing before that Court when not so represented.

• (4)

  A witness summoned to attend or appearing before a magistrate who performs a function under the Act in a State or Territory has the same protection and immunity as a witness in proceedings in the Supreme Court of the State or Territory.

ScheduleForms

(subregulation 3 (2))

Form 1

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

NOTICE UNDER SUBSECTION 9 (1) IN RELATION TO RECEIPT OF A SURRENDER REQUEST BY (INSERT NAME OF INTERNATIONAL WAR CRIMES TRIBUNAL)

TO a magistrate within the meaning of the International War Crimes Tribunals Act 1995 before whom the person named in this notice is brought:

On the basis of:

(a) a request made in accordance with subsection 8 (1) of the International War Crimes Tribunals Act 1995, by (insert name of the International War Crimes Tribunal) in relation to the surrender of (insert name of person); and

(b) *[an arrest warrant issued by the Tribunal in relation to that person]*[a copy of an arrest warrant authenticated by the Tribunal in relation to that person] accompanying the request;

I, ............................................................................. , Attorney‑General of the Commonwealth of Australia:

(c) enclose with this notice a copy of the arrest warrant issued by the Tribunal; and

(d) under subsection 9 (1) of the International War Crimes Tribunals Act 1995, state that a request from the Tribunal in relation to the surrender of (insert name of person) has been received.

Dated .

Attorney‑General

*Omit if inapplicable.

Form 2

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 10 (1) FOR ARREST WARRANT

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

I, (insert name of applicant), (insert capacity in which application is made), apply under subsection 10 (1) of the International War Crimes Tribunals Act 1995 on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant, pursuant to a notice under section 9 of that Act, for the arrest of (insert name of person).

Dated .

.........................................................

(Signature of the applicant and the capacity in which the application is made)

Form 3

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

WARRANT FOR ARREST UNDER SUBSECTION 10 (1)

TO all police officers within the meaning of the International War Crimes Tribunals Act 1995:

On the basis of:

(a) a notice from the Attorney‑General of the Commonwealth of Australia under subsection 9 (1) of the International War Crimes Tribunals Act 1995 stating that a request has been received from (insert name of International War Crimes Tribunal) for the surrender of (insert name of person); and

(b) an application made on behalf of the Tribunal for issue of a warrant pursuant to the notice for the arrest of that person;

I, (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995, authorise you under subsection 10 (1) of that Act to arrest (insert name of person) and to bring *[him]*[her], as soon as practicable, before a magistrate in the State or Territory in which *[he]*[she] is arrested to be dealt with according to law.

Dated .

.........................................................

(Signature and designation of magistrate issuing warrant)

*Omit if inapplicable.

Form 4

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 10 (2) FOR ARREST WARRANT

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

I, (insert name of applicant), (insert capacity in which application is made), apply under subsection 10 (2) of the International War Crimes Tribunals Act 1995 on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant, otherwise than pursuant to a notice under section 9 of that Act, for the arrest of (insert name of person).

Because of the following circumstances of urgency, it is necessary to issue a warrant before receiving a notice from the Attorney‑General under that section (insert statement of the urgent circumstances).

Attached to this application is a copy of the arrest warrant issued by the Tribunal in relation to that person.

Dated .

.........................................................

(Signature of the applicant and the capacity in which the application is made)

Form 5

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

WARRANT FOR ARREST UNDER SUBSECTION 10 (2)

TO all police officers within the meaning of the International War Crimes Tribunals Act 1995:

On the basis of:

(a) an application made on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant for the arrest of (insert name of person); and

(b) a statement in the application of circumstances of urgency that require the issue of the warrant before receipt of a notice under section 9 of that Act;

I, (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995, authorise you under subsection 10 (2) of that Act to arrest (insert name of person) and to bring *[him]*[her], as soon as practicable, before a magistrate in the State or Territory in which *[he]*[she] is arrested to be dealt with according to law.

Dated .

.........................................................

(Signature and designation of magistrate issuing warrant)

*Omit if inapplicable.

Form 6

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

NOTICE UNDER SECTION 11 DIRECTING MAGISTRATE TO CANCEL ARREST WARRANT

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

On the basis of:

(a) my having become aware of the issue of a warrant by a magistrate under section 10 of the International War Crimes Tribunals Act 1995 for the arrest of (insert name ofperson); and

(b) that person not having been arrested under that warrant; and

*(c) my being satisfied that a request will not be received from (insert name of International War Crimes Tribunal) that would oblige me to issue a notice under section 9 of that Act;

*(c) my considering that the warrant should be cancelled;

I, .................................................................................. , Attorney‑General of the Commonwealth of Australia, direct you under section 11 of the International War Crimes Tribunals Act 1995 to cancel the warrant.

Dated .

Attorney‑General

*Omit if inapplicable.

Form 7

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

NOTICE UNDER SECTION 13 TO ORDER RELEASE FROM REMAND

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

On the basis of:

(a) my having become aware that (insert name of person), a person arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995 has been remanded *[in custody]*[on bail] by a magistrate under section 12 of the Act; and

*(b) my being satisfied that a request will not be received from (insert name of International War Crimes Tribunal) that would oblige me to issue a notice under section 9 of that Act;

*(b) my considering that the remand should cease;

I, ............................................................................ , Attorney‑General of the Commonwealth of Australia, direct you under section 13 of the International War Crimes Tribunals Act 1995 to order the *[release of (insert name of person) from custody]*[discharge of the recognisances on which bail was granted to (insert name of person)].

Dated .

Attorney‑General

*Omit if inapplicable.

Form 8

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 15 (1) FOR WARRANT TO SEARCH PREMISES

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

I, (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:

(a) being aware that (insert name of person) has been arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995; and

(b) having reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] premises, being (insert address or description of premises);

by information on *[oath]*[affirmation]:

(c) set out under subsection 15 (1) of that Act the following grounds for that suspicion:

(insert statement of grounds for suspicion); and

*(d) set out under subsection 47 (4) of the Act the following grounds for suspecting that use of firearms will be necessary to execute the warrant:

(insert statement of grounds for suspicion); and

*(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to these premises the particulars, including the outcome of any application, of which are as follows:

(insert particulars of any previous application and its outcome); and

(f) apply for the issue of a warrant under subsection 15 (1) of the Act to search the premises for the following evidential material:

(insert description of the kinds of evidential material to which this application relates).

Dated .

.........................................................

(Signature and designation of police officer)

*Omit if inapplicable.

Form 9

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 15 (2) FOR WARRANT TO SEARCH PERSON

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

I, (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:

(a) being aware that (insert name of person) has been arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995; and

(b) having reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, in the possession of (insert name of person);

by information on *[oath]*[affirmation]:

(c) set out under subsection 15 (2) of that Act the following grounds for that suspicion:

(insert statement of grounds for suspicion); and

*(d) set out under subsection 47 (4) of the Act the following grounds for suspecting that use of firearms will be necessary to execute the warrant:

(insert statement of grounds for suspicion); and

*(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to this person the particulars, including the outcome of any application, of which are as follows:

(insert particulars of any previous application and its outcome); and

(f) apply for the issue of a warrant under subsection 15 (2) of the International War Crimes Tribunals Act 1995, to search (insert name of person) for the following evidential material:

(insert description of the kinds of evidential material to which this application relates).

Dated .

.........................................................

(Signature and designation of police officer)

*Omit if inapplicable.

Form 10

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

DIRECTION UNDER SECTION 17 TO ORDER RELEASE FROM REMAND

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

Having determined not to surrender (insert name of person) to (insert name of International War Crimes Tribunal), I, ....................................................... , Attorney‑General of the Commonwealth of Australia, direct you under section 17 of the International War Crimes Tribunals Act 1995 to order the *[release of (insert name of person) from custody]*[discharge of the recognisances on which bail was granted to (insert name of person)].

Dated .

Attorney‑General

*Omit if inapplicable.

Form 11

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

SURRENDER WARRANT UNDER SECTION 18

TO the person in whose custody (insert name of person) is held

AND TO all police officers within the meaning of the International War Crimes Tribunals Act 1995

AND TO (insert name of escort), *[an officer of (insert name of International War Crimes Tribunal)]*[a person authorised by the (insert name of International War Crimes Tribunal) for the purposes of this warrant] (in this warrant called the escort):

On the basis of:

(a) a request by (insert name of International War Crimes Tribunal) for the surrender of (insert name of person to be surrendered), a person remanded under section 12 of the International War Crimes Tribunals Act 1995, to the Tribunal in relation to (insert Tribunal offence); and

(b) *[having considered documents provided to me by (insert name of person to be surrendered)]*[not having been provided with any documents by (insert name of person to be surrendered)] after a reasonable opportunity]; and

(c) being satisfied that there are no special circumstances that justify refusing the request and having determined under section 16 of the Act that (insert name of person to be surrendered) is to be surrendered to the Tribunal; and

(d) acting under section 18 of the Act *[and being satisfied that the Tribunal has, in relation to (insert name of person to be surrendered), who is imprisoned for an offence against, or subject to detention under, an Australian law, given adequate undertakings in relation to the person’s custody and return];

I, ........................................................................... , Attorney‑General of the Commonwealth of Australia, authorise the surrender of (insert name of person to be surrendered) to the Tribunal in accordance with the following provisions:

(e) the person in whose custody (insert name of person to be surrendered) is held is required to release *[him]*[her] into the custody of a police officer;

(f) the police officer into whose custody (insert name of person to be surrendered) is released is authorised to transport *[him]*[her] in custody, and, if necessary or convenient, to detain *[him]*[her] in custody to enable *[him]*[her]:

(i) to be placed in the custody of the escort and

(ii) to be transported to a place specified by the Tribunal (which may be a place within or outside Australia );

(g) the escort is authorised to transport (insert name of person to be surrendered) in custody to a place specified by the Tribunal for the purpose of surrendering *[him]*[her] to a person appointed by the Tribunal to receive *[him]*[her].

Dated .

Attorney‑General

*Omit if inapplicable.

 see subsection 21 (2) of the Act

Form 12

(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

AUTHORISATION TO TAKE EVIDENCE OR PRODUCE DOCUMENTS OR OTHER ARTICLES UNDER SUBSECTION 26 (2)

On the basis of a request made by (insert name of International War Crimes Tribunal) under the International War Crimes Tribunals Act 1995 that *[evidence as set out in the Schedule be taken in Australia]*[and]*[documents or other articles in Australia as described in the Schedule be produced] for the purposes of a proceeding before, or an investigation conducted by, the Tribunal;

I, ..................................................................................... , Attorney‑General of the Commonwealth of Australia, under subsection 26 (2) of the International War Crimes Tribunals Act 1995, authorise:

(a) *[the taking of the evidence]*[and]*[the production of the documents or other articles]; and

(b) the transmission of the *[evidence]*[and]*[documents or other articles] to (insert name of International War Crimes Tribunal).

Dated .

Attorney‑General

*Omit if inapplicable.

Schedule

*[EVIDENCE]*[DOCUMENTS OR OTHER ARTICLES]

(insert general nature of the evidence to be taken, description of the document(s) or other article(s) to be produced and the name(s) and, if known, the address(es) of the person(s)who are to give evidence or who have custody of the document(s) or article(s))

Form 13

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

AUTHORISATION TO APPLY FOR SEARCH WARRANT UNDER SUBSECTION 33 (1)

TO (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:

On the basis of:

(a) a request made by (insert name of International War Crimes Tribunal) compliance with which may involve the issue of a search warrant in relation to evidential material, being (insert description of material, or, if necessary set out description in a Schedule to this Form); and

(b) there being reasonable grounds to believe that the material is in Australia;

I, ....................................................................................., Attorney‑General of the Commonwealth of Australia, authorise you under subsection 33 (1) of the International War Crimes Tribunals Act 1995 to apply to a magistrate of (insert the name of the State or Territory), being the *[State]*[Territory] in which the material is believed to be located for a search warrant in relation to that material.

Dated .

Attorney‑General

*Omit if inapplicable.

Form 14

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 34 (1) FOR WARRANT TO SEARCH PREMISES

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

I, (insert name and designation of police officer):

(a) being a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is authorised under section 33 of that Act to apply to a magistrate of (insert name of State or Territory) for a search warrant in relation to evidential material, being (insert description of material, or, if necessary set out description in a Schedule to this Form); and

(b) having reasonable grounds for suspecting that the material is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] premises, being (insert address or description of premises);

by information on *[oath]*[affirmation]:

(c) set out under subsection 34 (1) of that Act the following grounds for that suspicion:

(insert statement of grounds for suspicion); and

*(d) set out under subsection 47 (4) of the Act the following grounds for suspecting that use of firearms will be necessary to execute the warrant:

(insert statement of grounds for suspicion); and

*(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to these premises the particulars, including the outcome of any application, of which are as follows:

(insert particulars of any previous application and its outcome); and

(f) apply for the issue of a warrant under subsection 34 (1) of the Act to search the premises for the following evidential material:

(insert description of the kinds of evidential material to which the application relates).

Dated .

.........................................................

(Signature and designation of police officer)

*Omit if inapplicable.

Form 15

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 34 (2) FOR WARRANT TO SEARCH PERSON

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

I, (insert name and designation of police officer):

(a) being a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is authorised under section 33 of that Act to apply to a magistrate of (insert name of State or Territory) for a search warrant in relation to evidential material, being (insert description of material, or, if necessary set out description in a Schedule to this Form); and

(b) having reasonable grounds for suspecting that the material is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, in the possession of (insert name of person);

by information on *[oath]*[affirmation]:

(c) set out under subsection 34 (2) of the Act the following grounds for that suspicion:

(insert statement of grounds for suspicion); and

*(d) set out under subsection 47 (4) the following grounds for suspecting that use of firearms will be necessary to execute the warrant:

(insert statement of grounds for suspicion); and

*(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to these premises the particulars, including the outcome of any application, of which are as follows:

(insert particulars of any previous application and its outcome); and

(f) apply for the issue of a warrant under subsection 34 (2) of the Act to search (insert name of person) for the following evidential material:

(insert description of the kinds of evidential material to which this application relates).

Dated .

.........................................................

(Signature and designation of police officer)

*Omit if inapplicable.

Form 16

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

WARRANT UNDER SUBSECTION 47 (1) TO SEARCH PREMISES

TO (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is to be responsible for executing this warrant

AND TO any other police officer whose name may be inserted in the warrant in accordance with paragraph 48 (1) (d) of the Act:

On the basis of:

(a) a request made by (insert name of International War Crimes Tribunal) in relation to (insert nature of request, including relevant Tribunal offence and the name of the person to whom it relates); and

(b) an application made under subsection 15 (1) or 34 (1) of the International War Crimes Tribunals Act 1995 for the issue of a warrant to search premises, being (insert address or description of premises); and

(c) my being satisfied by information on *[oath]*[affirmation] set out in the application that there are reasonable grounds for suspecting that there is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] the premises the following evidential material:

(insert description of the kinds of evidential material to which the application for this warrant relates);

I, (insert name and designation of magistrate), a magistrate within the meaning of that Act, authorise *[at any time]*[between the hours of ............ and ..........]:

(d) the execution of this warrant in relation to those premises in accordance with the Act; and

*(e) if the executing officer, or the officer assisting, suspects on reasonable grounds that a person who is at or near the premises when this warrant is executed has any evidential material in his or her possession — *[an ordinary]*[and]*[a frisk] search of that person; and

(f) if the executing officer, or the officer assisting, believes on reasonable grounds, that a thing found at the premises in the course of the search is:

(i) evidential material that is not referred to in this warrant; or

(ii) a thing relevant to an indictable offence against an Australian law;

and that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing a Tribunal offence or an indictable offence against an Australian law — seizure of the evidential material or thing.

This warrant ceases to have effect on (insert date of day that is not later than the end of the relevant period specified in subparagraph 48 (1) (e) (i) or (ii) of the Act after the day on which this warrant is issued).

.........................................................

(Signature and designation of magistrate issuing warrant)

*Omit if inapplicable.

Form 17

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

WARRANT UNDER SUBSECTION 47 (2) TO SEARCH A PERSON

TO (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is to be responsible for executing this warrant

AND TO any other police officer whose name may be inserted in this warrant in accordance with paragraph 48 (1) (d) of the Act:

On the basis of:

(a) a request made by (insert name of International War Crimes Tribunal) in relation to (insert nature of request, includingrelevant Tribunal offence and the name of the person to whom it relates); and

(b) an application made under subsection 15 (2) or 34 (2) of the International War Crimes Tribunals Act 1995 for the issue of a warrant to search (insert name of person); and

(c) my being satisfied by information on *[oath]*[affirmation] set out in the application that there are reasonable grounds for suspecting that there is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, in the possession of (insert name of person) the following evidential material:

(insert description of the kinds of evidential material to which the application for this warrant relates);

I, (insert name and designation of magistrate), a magistrate within the meaning of that Act, authorise *[at any time]*[between the hours of ....... and ..........]:

(d) the execution of this warrant in relation to (insert name of person) in accordance with the Act; and

(e) *[an ordinary]*[and]*[a frisk] search of that person; and

(f) if the executing officer, or the officer assisting, believes on reasonable grounds that a thing found in the possession of the person, or in or on a recently used conveyance, in the course of the search is:

(i) evidential material that is not referred to in this warrant; or

(ii) a thing relevant to an indictable offence against an Australian law;

and that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing a Tribunal offence or an indictable offence against an Australian law — seizure of the evidential material or thing.

This warrant ceases to have effect on (insert date of day that is not later than the end of the relevant period specified in subparagraph 48 (1) (e) (i) or (ii) of the Act after the day on which this warrant is issued).

.........................................................

(Signature and designation of magistrate issuing warrant)

*Omit if inapplicable.

Form 18

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 58 (7) FOR EXTENSION OF TIME

TO (insert name and designation of magistrate), the magistrate who issued the warrant under subsection 47 (1) of the International War Crimes Tribunals Act 1995 to search premises, being (insert address or description of premises):

I, (insert name and designation of executing officer, or officer assisting):

(a) being an *[executing officer]*[officer assisting] within the meaning of the International War Crimes Tribunals Act 1995 who is authorised to search premises under a warrant issued under subsection 47 (1) of that Act; and

(b) having reasonable grounds to believe that the expert assistance that is required to operate electronic equipment *[at]*[on]*[in] the premises will not be available within 24 hours;

apply under subsection 58 (7) of that Act for an extension of the period in which electronic equipment *[at]*[on]*[in] the premises may be secured:

(c) for up to (insert number of hours) hours; or

(d) until the equipment has been operated by the expert;

whichever happens first.

Dated .

.........................................................

(Signature and designation of executing officer or officer assisting)

*Omit if inapplicable.

Form 19

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

WARRANT UNDER SUBSECTION 78 (3) TO RETURN ESCAPED PERSON TO CUSTODY

TO (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:

I, (insert name and designation of magistrate), being:

(a) a magistrate within the meaning of the International War Crimes Tribunals Act 1995; and

(b) satisfied that (insert name of person) has escaped from custody authorised by that Act;

authorise you under subsection 78 (3) of the Act to return *[him]*[her] to custody authorised by the Act.

Dated .

.........................................................

(Signature and designation of magistrate issuing warrant)

*Omit if inapplicable.

Form 20

(subregulation 6 (1) and regulation 7)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

SUMMONS

In the Matter of (insert description of nature of proceedings) under the International War Crimes Tribunals Act 1995

TO (insert name and address of witness):

You are summoned under regulation 6 of the International War Crimes Tribunals Regulations to appear at (insert address of place where attendance

is required) at (insert time or times when attendance is required) on (insert

date or dates when attendance is required) unless excused, or until released,

by a magistrate from attending to *[give evidence]*[and]*[answer questions]*[and]*[produce the following *[documents]*[and other articles:]

(insert description of documents or articles).

Dated .

.........................................................

(Signature and designation of magistrate issuing summons)

*Omit if inapplicable.

Endnotes

Endnote 1About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

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.

Misdescribed amendments

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.

Endnote 2Abbreviation key

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 = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	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	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
250, 1995	24 Aug 1995	28 Aug 1995 (r 2)
227, 2011	16 Dec 2011 (F2011L02708)	Sch 1 (items 11–13): 27 Dec 2011 (r 2)	—

Name	Registration	Commencement	Application, saving and transitional provisions
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018	8 Oct 2018 (F2018L01408)	Sch 1 (items 2, 3): 22 Nov 2018 (s 2(1) item 2)	—

Endnote 4Amendment history

Provision affected	How affected
r 1............................................	rs No 227, 2011
r 2............................................	rep LA s 48D
r 3............................................	am No 227, 2011
r 6............................................	am F2018L01480
r 9............................................	am No 227, 2011