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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 174 Pardon, amnesty or commutation of sentences of imprisonment imposed on ICC prisoners transferred to Australia

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 174

Pardon, amnesty or commutation of sentences of imprisonment imposed on ICC prisoners transferred to Australia

  (1)   Subject to the prior agreement of the ICC, during the period in which a sentence of imprisonment is served in Australia by an ICC prisoner transferred to Australia under this Part, the prisoner may be pardoned or granted any amnesty or commutation of sentence of imprisonment that could be granted under Australian law if the sentence of imprisonment had been imposed for an offence against an Australian law.

  (2)   The Attorney - General is to direct, by written notice in the statutory form, that an ICC prisoner must not be detained in custody or otherwise be subjected to detention or supervision in Australia under a sentence of imprisonment imposed by the ICC and enforced under this Part   i f, during the period in which the sentence is served in Australia:

  (a)   the ICC notifies the Attorney - General that the ICC prisoner may be pardoned or granted amnesty or commutation of sentence of imprisonment under an Australian law and the ICC prisoner is so pardoned or granted such amnesty or commutation of sentence of imprisonment; or

  (b)   the ICC notifies the Attorney - General that the ICC prisoner's conviction has been quashed or otherwise nullified or that the prisoner has been pardoned or granted commutation of sentence of imprisonment by the ICC.