Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 45

(1)

If:

(a)

a surrender warrant has been issued in relation to a person; and

(b)

the person is in custody in Australia under the warrant, or otherwise under this Act, more than 21 days after the day on which the warrant was first liable to be executed; and

(c)

the person applies to the Supreme Court of the State or Territory in which the person is in custody; and

(d)

reasonable notice of the intention to apply has been given to the Attorney-General;

the Court must, subject to subsection (2), order that the person be released from that custody.

(2)

However, if the Court is satisfied that the surrender warrant has not been executed within the period of 21 days, or since the person last made an application under subsection (1), as the case may be:

(a)

because to do so would have endangered the person's life, or would have prejudiced the person's health; or

(b)

for any other reasonable cause;

the Court must not order that the person be released from custody.