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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 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 11--Search and seizure

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

           Division 12--Provision of records or documents

   79.     Facilitating the provision of records or documents  

           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  

              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

   85.     Requests for production orders  
   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

   94.     Requests for monitoring orders  
   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 property-tracking documents

   97.     Requests for search warrants  
   98.     Applying for and issuing search warrants  
   99.     Seizure of other property and documents  
   100.    Return of seized property to third parties  
   101.    Dealing with seized property (other than property-tracking documents)  
   102.    Dealing with seized property-tracking documents  

           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

   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


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