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
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
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.
- 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 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
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
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 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
- 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