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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 177 Special rules in certain cases

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 177

Special rules in certain cases

  (1)   An ICC prisoner serving a sentence in Australia may:

  (a)   be extradited to a foreign country in accordance with the Extradition Act 1988 either:

  (i)   after the completion of, or release from, the sentence; or

  (ii)   during the sentence, but only for a temporary period; or

  (b)   be required to remain in Australia in order to serve a sentence that he or she is liable to serve under Australian law.

  (2)   Despite subsection   ( 1):

  (a)   a person to whom paragraph   ( 1)(a) applies may not, without the prior agreement of the ICC, be extradited to a foreign country; and

  (b)   a person to whom paragraph   ( 1)(b) applies may not, without the prior agreement of the ICC, be prosecuted or punished in Australia ;

for an offence constituted by an act or omission that occurred before the making of the relevant designation referred to in paragraph   162(1)(c).

  (3)   Subsection   ( 2) does not apply to a person who:

  (a)   remains voluntarily in Australia for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or

  (b)   voluntarily returns to Australia after having left it.