INTERNATIONAL CRIMINAL COURT ACT 2002

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

INTERNATIONAL CRIMINAL COURT ACT 2002

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Principal object of Act
4. Definitions
5. Act to bind Crown
6. External Territories

PART 2--GENERAL--PROVISIONS RELATING TO REQUESTS BY THE ICC FOR COOPERATION

7. What constitutes a request for cooperation
8. How requests for cooperation are to be made
9. Urgent requests for cooperation and requests for provisional arrest
10. Execution of requests
11. Consultations with ICC
12. Request that may raise problems relating to Australia 's international obligations to a foreign country
13. Confidentiality of request
14. Response to be sent to ICC
15. Attorney - General must take into account ICC's ability to refer matter to Assembly of States Parties or Security Council

PART 3--REQUESTS--BY THE ICC FOR ARREST AND SURRENDER OF PERSONS

Division 1--Preliminary

16. Application of Part

Division 2--Documentation to accompany request

17. Documentation for request for arrest and surrender of person for whom warrant of arrest has been issued
18. Documentation for request for arrest and surrender of person already convicted
19. Documentation for request for provisional arrest

Division 3--Arrest of persons

20. Arrest following request for arrest and surrender
21. Arrest following request for provisional arrest
22. Certificate by Attorney - General
23. Remand
24. Procedure following application for bail
25. Release from remand on the Attorney - General's direction
26. Release from remand after certain periods
27. Application for search warrants

Division 4--Surrender of persons

28. Surrender warrants
29. Certificate by Attorney - General
30. Surrender warrant may take effect at later date
31. Refusal of surrender
32. Postponement of execution of request for surrender
33. Previous proceedings against person sought
34. Ongoing Australian investigation or prosecution involving different conduct
35. Person being investigated or prosecuted in Australia for same conduct
36. Challenges to admissibility in other cases
37. Request from ICC and a foreign country relating to same conduct
38. Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute
39. Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute
40. Request from ICC and foreign country relating to different conduct
41. Notification of decision on extradition to foreign country
42. Detention following surrender warrants
43. Content of surrender warrants
44. Execution of surrender warrants
45. Release from remand
46. Effect of surrender to ICC on person's terms of imprisonment
47. Expiry of Australian sentences while under ICC detention
48. Waiver of rule of speciality

PART 4--OTHER--REQUESTS BY ICC

Division 1--Preliminary

49. Application of Part

Division 2--Documentation to accompany request

50. Documentation for request

Division 3--Restrictions on provision of assistance

51. Refusal of assistance
52. Postponement of execution of request
53. Procedure if assistance precluded under Australian law
54. Postponement where ongoing Australian investigation or prosecution would be interfered with
55. Postponement where admissibility challenge
56. Competing requests
57. Request from ICC and a foreign country relating to same conduct
58. Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute
59. Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute
60. Request from ICC and foreign country relating to different conduct
61. Notification to ICC of decision refusing request by foreign country
62. Requests involving competing international obligations

Division 4--Identifying or locating persons or things

63. Assistance in identifying or locating persons or things

Division 5--Taking evidence or producing documents or articles

64. Attorney - General may authorise taking of evidence or the production of documents or articles
65. Taking of evidence
66. Producing documents or other articles
67. Legal representation
68. Form of certificates
69. Compellability of persons to attend etc.

Division 5A--Providing law enforcement agency material

69A. Authorising provision of material obtained by law enforcement agencies

Division 6--Questioning of person being investigated or prosecuted

70. Assistance in questioning persons
71. Procedure where person questioned

Division 7--Service of documents

72. Assistance in arranging service of documents

Division 8--Facilitating the voluntary appearance of persons (other than prisoners) as witnesses or experts before the ICC

73. Persons (other than prisoners) assisting investigation or giving evidence

Division 9--Temporary transfer of prisoners to the ICC

74. Prisoners assisting investigation or giving evidence
75. Effect of removal to foreign country on prisoners' terms of imprisonment

Division 10--Examination of places or sites

76. Assistance in examining places or sites

Division 10A--Forensic procedures

76A. Authorising application for carrying out of forensic procedures
76B. Providing forensic evidence to the ICC

Division 11--Search and seizure

77. Attorney - General may authorise applications for search warrants
78. Applications for search warrants

Division 11A--Stored communications

78A. Authorising application for a stored communications warrant

Division 11B--Prospective telecommunications data

78B. Authorising an authorisation for the disclosure of prospective telecommunications data

Division 12--Provision of records or documents

79. Facilitating the provision of records or documents

Division 12A--Requests for surveillance devices

79A. Authorising applications for surveillance device warrants

Division 12B--Requests for access to data held in computers

79B. Authorising applications for computer access warrants

Division 13--Protecting victims and witnesses and preserving evidence

80. Protecting victims and witnesses and preserving evidence

Division 14--Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision A--Preliminary

81. Application of Division
81A. Authorising applications under the Proceeds of Crime Act

Subdivision B--Restraining orders

82. Applying for and making restraining orders
83. Excluding property from restraining orders
84. When restraining order ceases to be in force

Subdivision C--Production orders relating to crimes within the jurisdiction of the ICC

86. Applying for and making production orders
87. Retaining produced documents

Subdivision D--Notices to financial institutions

88. Giving notices to financial institutions
89. Contents of notices to financial institutions
90. Protection from suits etc. for those complying with notices
91. Making false statements in applications
92. Disclosing existence or nature of notice
93. Failing to comply with a notice

Subdivision E--Monitoring orders relating to crimes within the jurisdiction of the ICC

95. Applying for and making monitoring orders
96. Passing on information given under monitoring orders

Subdivision F--Search warrants relating to proceeds of crime and evidential material

98. Applying for and issuing search warrants
99. Contents of POCA search warrants
99A. Seizure of certain property or things found in the course of search
100. Return of seized property to third parties
101. Dealing with certain seized property
102. Dealing with evidential material and certain property or things seized under POCA search warrants

Division 15--Other types of assistance

103. Other types of assistance

Division 16--Miscellaneous

104. Effect of authorisation to execute request
105. Request may relate to assistance sought by defence
106. Prosecutor may execute request

PART 5--INVESTIGATIONS--OR SITTINGS OF THE ICC INAUSTRALIA

107. Prosecutor may conduct investigations in Australia
108. ICC sittings in Australia
109. ICC's powers while sitting in Australia
110. ICC may require witnesses at sittings in Australia to give undertakings as to truthfulness of their evidence

PART 6--SEARCH--, SEIZURE AND POWERS OF ARREST

Division 1--Search warrants

111. When search warrants can be issued
112. Content of warrants
113. The things authorised by a search warrant in relation to premises
114. The things authorised by a search warrant in relation to a person
115. Restrictions on personal searches
116. Warrants may be issued by telephone etc.
117. Formalities relating to warrants issued by telephone etc.

Division 2--Provisions relating to execution of search warrants

118. Availability of assistance and use of force in executing a warrant
119. Copy of warrant to be shown to occupier etc.
120. Specific powers available to officers executing warrants
121. Use of equipment to examine or process things
122. Use of electronic equipment at premises
123. Compensation for damage to electronic equipment
124. Copies of seized things to be provided
125. Occupier entitled to be present during search
126. Receipts for things seized under warrant

Division 3--Stopping and searching conveyances

127. Searches without warrant in emergency situations
128. How a police officer exercises a power to search without warrant

Division 4--Arrest and related matters

129. Power to enter premises to arrest person
130. Use of force in making arrest
131. Persons to be informed of grounds of arrest
132. Power to conduct a frisk search of an arrested person
133. Power to conduct an ordinary search of an arrested person
134. Power to conduct search of arrested person's premises
135. Power to conduct an ordinary search or strip search
136. Rules for conduct of strip search

Division 5--General

137. Conduct of ordinary searches and frisk searches
138. Announcement before entry
139. Offences relating to telephone warrants
140. Retention of things seized
141. Magistrate may permit a thing to be retained

PART 7--INFORMATION--PROVIDED IN CONFIDENCE BY THIRD PARTY

142. Disclosure of information provided in confidence by third party
143. Request for Australia 's consent to disclosure

PART 8--PROTECTION--OFAUSTRALIA'S NATIONAL SECURITY INTERESTS

144. How national security issues are to be dealt with
145. Request for cooperation involving national security
146. Request to disclose information or documents involving national security
147. Other situations involving national security
148. Consultation with ICC required
149. Procedure where no resolution

PART 9--TRANSPORTATION--OF PERSONS IN CUSTODY THROUGHAUSTRALIA

150. Transportation of persons in custody through Australia

PART 10--ENFORCEMENT--INAUSTRALIAOF REPARATION ORDERS MADE AND FINES IMPOSED BY ICC

151. Assistance with enforcement of orders for reparation to victims
152. Assistance with enforcement of orders imposing fines
153. Registration of order
154. Effect of order

PART 11--FORFEITURE--OF PROCEEDS OF INTERNATIONAL CRIMES

155. Requests for enforcement of forfeiture orders
156. Registration of order
157. Effect of order
158. Effect on third parties of registration of forfeiture order
159. Forfeiture may be treated as pecuniary penalty order

PART 12--ENFORCEMENT--INAUSTRALIAOF SENTENCES IMPOSED BY ICC

Division 1--Preliminary

160. Australia may agree to act as State of enforcement
161. Withdrawal of agreement to act as State of enforcement
162. Designation of Australia as place for service of sentence
163. Governmental consent to acceptance of designation
164. Acceptance of designation

Division 2--Transfer toAustraliaof ICC prisoners

165. Issue of warrant for transfer to Australia
166. Warrants for transfer to Australia
167. Cancellation of warrant

Division 3--Enforcement of sentences

168. Sentence enforcement in Australia
169. Duration and nature of enforced sentence
170. Directions about enforcement of sentence
171. No appeal or review of sentence of imprisonment imposed by ICC or of sentence enforcement decisions of Attorney - General
172. ICC prisoner transferred to Australia to be regarded as a federal prisoner
173. Other matters relating to ICC prisoners
174. Pardon, amnesty or commutation of sentences of imprisonment imposed on ICC prisoners transferred to Australia
175. ICC prisoner may apply to be transferred from Australia to a foreign country
176. How ICC prisoner is to be transferred
177. Special rules in certain cases
178. Extradition of escaped ICC prisoner

PART 13--REQUESTS--BYAUSTRALIATO ICC

179. Application of Part
180. Request by Attorney - General

PART 14--MISCELLANEOUS

181. Attorney - General's decisions in relation to certificates to be final
182. Arrest of persons escaping from custody or contravening conditions of recognisances
183. Aiding persons to escape etc.
184. Cost of execution of requests
185. Legal assistance
186. Arrangements with States
187. Delegation
188. Regulations
189. Annual report
SCHEDULE 1 RomeStatute of the International Criminal Court

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback