Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 18, 1995
Compilation No. 16
Compilation date: 9 December 2018
Includes amendments up to: Act No. 148, 2018
Registered: 12 December 2018
About this compilation
This compilation
This is a compilation of the International War Crimes Tribunals Act 1995 that shows the text of the law as amended and in force on 9 December 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 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 The objects of this Act
4 Definitions
5 Some Territories to be regarded as States
6 External Territories
6A Application of the Criminal Code
Part 2--Requests by a Tribunal for assistance
7 Tribunal may request assistance
8 Form of requests
Part 3--Surrender of persons to a Tribunal
Division 1--Arrest of persons
9 Notice by Attorney-General
10 Issue of warrants
11 Cancellation of warrants
12 Remand
13 Release from remand on the Attorney-General's direction
14 Release from remand after certain periods
15 Application for search warrants
Division 2--Surrender of persons
16 Surrender determination by Attorney-General
17 Release from remand on refusal to surrender the person
18 Surrender warrants
19 Persons imprisoned under Australian law
20 Detention following surrender warrants
21 Content of surrender warrants
22 Execution of surrender warrants
23 Release from remand
24 Effect of surrender to Tribunal on person's terms of imprisonment
25 Expiry of Australian sentences while under Tribunal detention
Part 4--Other forms of assistance to a Tribunal
Division 1AA--Providing law enforcement agency material
25A Authorising provision of material obtained by law enforcement agencies
Division 1--Taking evidence etc.
26 Attorney-General may authorise taking of evidence etc.
27 Taking of evidence
28 Producing documents or other articles
29 Legal representation
30 Form of certificates
31 Compellability of persons to attend etc.
32 Tribunal immunity certificates
Division 1A--Requests for surveillance devices
32A Authorising applications for surveillance device warrants
Division 1AB--Requests for access to data held in computers
32AA Authorising applications for computer access warrants
Division 1B--Forensic procedures
32B Authorising application for carrying out of forensic procedures
32C Providing forensic evidence to the Tribunal
Division 2--Search and seizure
33 Attorney-General may authorise applications for search warrants
34 Applications for search warrants
Division 2A--Stored communications
34A Authorising application for a stored communications warrant
Division 2B--Prospective telecommunications data
34B Authorising an authorisation for the disclosure of prospective telecommunications data
Division 3--Giving evidence at hearings, or assisting in investigations, in foreign countries
35 Persons giving evidence or assisting (other than prisoners)
36 Prisoners giving evidence or assisting
37 Undertakings relating to prisoners
38 Effect of removal to foreign country on prisoners' terms of imprisonment
Division 4--Custody of persons in transit
39 Transit
Division 5--Service of process
40 Service of process
Division 6--Identification, tracing, and freezing or seizure, of proceeds of Tribunal offences
Subdivision A--Preliminary
40AA Application of Division
40AB Authorising applications under the Proceeds of Crime Act 2002
Subdivision B--Restraining orders
40AC Applying for and making restraining orders
40AD Excluding property from restraining orders
40AE When restraining order ceases to be in force
Subdivision C--Production orders relating to Tribunal offences
40AF Applying for and making production orders
40AG Retaining produced documents
Subdivision D--Notices to financial institutions
40AH Giving notices to financial institutions
40AI Contents of notices to financial institutions
40AJ Protection from suits etc. for those complying with notices
40AK Making false statements in applications
40AL Disclosing existence or nature of notice
40AM Failing to comply with a notice
Subdivision E--Monitoring orders relating to Tribunal offences
40AN Applying for and making monitoring orders
40AO Passing on information given under monitoring orders
Subdivision F--Search warrants relating to proceeds of crime and evidential material
40AP Applying for and issuing search warrants
40AQ Contents of POCA search warrants
40AR Seizure of certain property or things found in the course of search
40AS Return of seized property to third parties
40AT Dealing with certain seized property
40AU Dealing with evidential material and certain property or things seized under POCA search warrants
Part 5--Sittings of a Tribunal in Australia
41 Tribunal sittings in Australia
42 Tribunal's powers while sitting in Australia
43 Contravention of Tribunal orders etc.
Part 6--Forfeiture of proceeds of Tribunal offences
44 Requests for enforcement of forfeiture orders
45 Registration of order
46 Effect of order
46A Effect on third parties of registration of forfeiture orders
Part 7--Search, seizure and powers of arrest
Division 1--Search warrants
47 When search warrants can be issued
48 Content of warrants
49 The things authorised by a search warrant in relation to premises
50 The things authorised by a search warrant in relation to a person
51 Restrictions on personal searches
52 Warrants may be issued by telephone etc.
53 Formalities relating to warrants issued by telephone etc.
Division 2--Provisions relating to execution of search warrants
54 Availability of assistance and use of force in executing a warrant
55 Copy of warrant to be shown to occupier etc.
56 Specific powers available to officers executing warrants
57 Use of equipment to examine or process things
58 Use of electronic equipment at premises
59 Compensation for damage to electronic equipment
60 Copies of seized things to be provided
61 Occupier entitled to be present during search
62 Receipts for things seized under warrant
Division 3--Stopping and searching conveyances
63 Searches without warrant in emergency situations
64 How a police officer exercises a power under section 63
Division 4--Arrest and related matters
65 Power to enter premises to arrest person
66 Use of force in making arrest
67 Persons to be informed of grounds of arrest
68 Power to conduct a frisk search of an arrested person
69 Power to conduct an ordinary search of an arrested person
70 Power to conduct search of arrested person's premises
71 Power to conduct an ordinary search or strip search
72 Rules for conduct of strip search
Division 5--General
73 Conduct of ordinary searches and frisk searches
74 Announcement before entry
75 Offence for making false statements in warrants
76 Offences relating to telephone warrants
77 Retention of things seized
Part 8--Miscellaneous
78 Arrest of persons escaping from custody
79 Arrest of person released on bail
80 Aiding persons to escape etc.
81 Legal assistance
82 Arrangements with States
83 Delegation
84 Act not to limit other provision of assistance
85 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
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 |
18, 1995 | 29 Mar 1995 | s 1 and 2: 29 Mar 1995 (s 2(1)) |
| |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1) and (2) | |
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 | 86, 2002 | 11 Oct 2002 | Sch 2 (items 1-5): 1 Jan 2003 (s 2(1) item 2 and gaz 2002, No GN44) | Sch 2 (item 5) |
41, 2003 | 3 June 2003 | Sch 2 (items 8, 9, 12, 13): 3 June 2003 (s 2(1) item 8) | Sch 2 (item 13) | |
9, 2006 | 23 Mar 2006 | Sch 1 (item 16): 28 Aug 1995 (s 2(1) item 10) | -- | |
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 | 3, 2011 | 2 Mar 2011 | Sch 2 (item 25): 3 Mar 2011 (s 2(1) item 4) | -- |
83, 2011 | 25 July 2011 | Sch 1 (items 3, 4, 8, 9): 25 July 2011 (s 2) | Sch 1 (items 8, 9) | |
174, 2011 | 5 Dec 2011 | Sch 2 (items 210-217): 1 Jan 2012 (s 2(1) item 5) | Sch 2 (item 217) | |
as amended by |
|
|
|
|
136, 2012 | 22 Sept 2012 | Sch 2 (items 4, 5): 1 Jan 2012 (s 2(1) item 9) | -- | |
136, 2012 | 22 Sept 2012 | Sch 4 (item 51): 22 Sept 2012 (s 2(1) item 35) | -- | |
74, 2013 | 28 June 2013 | Sch 5 (items 7-15): 29 June 2013 (s 2(1) item 7) | Sch 5 (item 15) | |
as amended by |
|
|
|
|
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 | 34, 2018 | 22 May 2018 | Sch 5 (items 5, 6): 23 May 2018 (s 2(1) item 8) | -- |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 8 (item 24): 24 June 2014 (s 2(1) item 9) | -- |
59, 2015 | 26 May 2015 | Sch 2 (items 229-232): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) | |
as amended by |
|
|
|
|
33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 319): 5 Mar 2016 (s 2(1) item 2) | -- |
Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016 | 26, 2016 | 23 Mar 2016 | Sch 1 (items 24-26, 34, 35): 1 May 2016 (s 2(1) item 2) | Sch 1 (items 34, 35) |
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 | 34, 2018 | 22 May 2018 | Sch 1 (items 3, 4, 17-21, 26-29, 73, 74, 82, 83, 137-139, 201-212): 22 Nov 2018 (s 2(1) item 2) | Sch 1 (items 21, 139, 212) |
Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 | 148, 2018 | 8 Dec 2018 | Sch 2 (item 134): 9 Dec 2018 (s 2(1) item 5) | -- |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 41, 2003; No 174, 2011; No 74, 2013; No 31, 2014; No 59, 2015; No 26, 2016; No 34, 2018 |
s 5..................... | am No 59, 2015 |
s. 6A.................... | ad. No. 24, 2001 |
Part 4 |
|
Division 1AA |
|
Division 1AA.............. | ad No 34, 2018 |
s 25A................... | ad No 34, 2018 |
Division 1 |
|
s 28.................... | am No 34, 2018 |
s. 29.................... | am. No. 41, 2003 |
Division 1A |
|
Division 1A............... | ad No 34, 2018 |
s 32A................... | ad No 34, 2018 |
Division 1AB |
|
Division 1B (first occurring).... | ad No 148, 2018 |
| renum |
| ed C16 |
Division 1AB (prev Division 1B first occurring) |
|
s 32B (first occurring)........ | ad No 148, 2018 |
| renum |
| ed C16 |
| |
Division 1B |
|
Division 1B............... | ad No 34, 2018 |
s 32B................... | ad No 34, 2018 |
s 32C................... | ad No 34, 2018 |
Division 2A |
|
Division 2A............... | ad No 34, 2018 |
s 34A................... | ad No 34, 2018 |
Division 2B |
|
Division 2B............... | ad No 34, 2018 |
s 34B................... | ad No 34, 2018 |
Division 6 |
|
Division 6................ | ad No 34, 2018 |
Subdivision A |
|
s 40AA.................. | ad No 34, 2018 |
s 40AB.................. | ad No 34, 2018 |
Subdivision B |
|
s 40AC.................. | ad No 34, 2018 |
s 40AD.................. | ad No 34, 2018 |
s 40AE.................. | ad No 34, 2018 |
Subdivision C |
|
s 40AF.................. | ad No 34, 2018 |
s 40AG.................. | ad No 34, 2018 |
Subdivision D |
|
s 40AH.................. | ad No 34, 2018 |
s 40AI................... | ad No 34, 2018 |
s 40AJ.................. | ad No 34, 2018 |
s 40AK.................. | ad No 34, 2018 |
s 40AL.................. | ad No 34, 2018 |
s 40AM.................. | ad No 34, 2018 |
Subdivision E |
|
s 40AN.................. | ad No 34, 2018 |
s 40AO.................. | ad No 34, 2018 |
Subdivision F |
|
s 40AP.................. | ad No 34, 2018 |
s 40AQ.................. | ad No 34, 2018 |
s 40AR.................. | ad No 34, 2018 |
s 40AS.................. | ad No 34, 2018 |
s 40AT.................. | ad No 34, 2018 |
s 40AU.................. | ad No 34, 2018 |
Part 5 |
|
s. 42.................... | am. No. 136, 2012; No 74, 2013; No 126, 2015 |
s. 43.................... | am. No. 24, 2001 |
Part 6 |
|
s 44.................... | am No 174, 2011; No 34, 2018 |
s 45.................... | am No 83, 2011; No 174, 2011 (as am. by No. 136, 2012); No 34, 2018 |
s 46.................... | am No 86, 2002; No 174, 2011; No 34, 2018 |
s. 46A................... | ad. No. 86, 2002 |
| am. No. 174, 2011 (as am. by No. 136, 2012); No 34, 2018 |
Part 7 |
|
Division 1 |
|
s. 51.................... | am. No. 9, 2006 |
Part 8 |
|
s. 80.................... | am. No. 41, 2003 |
| rs. No. 3, 2011 |
s 82.................... | am No 59, 2015; No 26, 2016 |
Schedule 1................ | rep No 74, 2013 |
Schedule 2................ | rep No 74, 2013 |
Schedule 3................ | rep No 74, 2013 |
Schedule 4................ | rep No 74, 2013 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Division 1B and Section 32B (first occurring)
Kind of editorial change
Renumbering of provisions
Details of editorial change
Schedule 2 item 134 of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 instructs to insert Division 1B and section 32B after Division 1A of Part 4.
Division 1B and section 32B already appear in Part 4.
This compilation was editorially changed by renumbering the Division and section inserted by Schedule 2 item 134 of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 as Division 1AB and section 32AA.