Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 41, 2002
Compilation No. 10
Compilation date: 24 July 2021
Includes amendments up to: Act No. 78, 2021
Registered: 19 August 2021
About this compilation
This compilation
This is a compilation of the International Criminal Court Act 2002 that shows the text of the law as amended and in force on 24 July 2021 (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 (www.legislation.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1--Preliminary
1 Short title
2 Commencement
3 Principal object of Act
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
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 in Australia
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 of Australia'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 through Australia
150 Transportation of persons in custody through Australia
Part 10--Enforcement in Australia of 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 in Australia of 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 to Australia of 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 by Australia to 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--Rome Statute of the International Criminal Court
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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.
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) |
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 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
41, 2002 | 27 June 2002 | s 7-189: 26 Sept 2002 (s 2(1) item 2) |
| |
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) | -- |
83, 2011 | 25 July 2011 | Sch 1 (items 1, 2, 8, 9): 25 July 2011 (s 2) | Sch 1 (items 8, 9) | |
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) | -- |
59, 2015 | 26 May 2015 | Sch 1 (items 134-140): 18 June 2015 (s 2(1) item 2) | 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 (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) | -- |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 139, 2010; No 174, 2011; No 31, 2014; No 59, 2015; No 34, 2018 |
Part 4 |
|
Division 5 |
|
s 66.................... | am No 34, 2018 |
Division 5A |
|
Division 5A............... | ad No 34, 2018 |
s 69A................... | ad No 34, 2018 |
| |
Division 10A |
|
Division 10A.............. | ad No 34, 2018 |
s 76A................... | ad No 34, 2018 |
s 76B................... | ad No 34, 2018 |
Division 11A |
|
Division 11A.............. | ad No 34, 2018 |
s 78A................... | ad No 34, 2018 |
Division 11B |
|
Division 11B.............. | ad No 34, 2018 |
s 78B................... | ad No 34, 2018 |
Division 12A |
|
Division 12A.............. | ad No 34, 2018 |
s 79A................... | ad No 34, 2018 |
Division 12B |
|
Division 12B.............. | ad No 148, 2018 |
s 79B................... | ad No 148, 2018 |
Division 14 |
|
Subdivision A |
|
s 81.................... | am No 34, 2018 |
s 81A................... | ad No 34, 2018 |
Subdivision B |
|
s 82.................... | am No 174, 2011; No 34, 2018 |
Subdivision C |
|
s 85.................... | rep No 34, 2018 |
s 86.................... | am No 34, 2018 |
Subdivision D |
|
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 |
Subdivision E |
|
s 94.................... | rep No 34, 2018 |
s 95.................... | am No 34, 2018 |
Subdivision F |
|
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 |
Part 10 |
|
s 153................... | am No 34, 2018 |
s 154................... | am No 34, 2018 |
Part 11 |
|
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 |
Part 14 |
|
s 183................... | rs No 3, 2011 |
s 186................... | am No 59, 2015 |