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INTERNATIONAL CRIMINAL COURT ACT 2002

Table of Provisions

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

Division 3--Arrest of persons

Division 4--Surrender of persons

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

Division 9--Temporary transfer of prisoners to the ICC

Division 10--Examination of places or sites

  • 76 Assistance in examining places or sites  

Division 10A--Forensic procedures

Division 11--Search and seizure

Division 11A--Stored communications

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

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

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

Division 5--General

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

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

Division 3--Enforcement of sentences

PART 13--REQUESTS--BYAUSTRALIATO ICC

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

PART 14--MISCELLANEOUS

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