Commonwealth Consolidated Acts

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      The objects of this Act  
   4.      Definitions  
   5.      Some Territories to be regarded as States  
   6.      External Territories  
   6A.     Application of the Criminal Code  

   PART 2--REQUESTS BY A TRIBUNAL FOR ASSISTANCE

   7.      Tribunal may request assistance  
   8.      Form of requests  

   PART 3--SURRENDER OF PERSONS TO A TRIBUNAL

           Division 1--Arrest of persons

   9.      Notice by Attorney-General  
   10.     Issue of warrants  
   11.     Cancellation of warrants  
   12.     Remand  
   13.     Release from remand on the Attorney-General's direction  
   14.     Release from remand after certain periods  
   15.     Application for search warrants  

           Division 2--Surrender of persons

   16.     Surrender determination by Attorney-General  
   17.     Release from remand on refusal to surrender the person  
   18.     Surrender warrants  
   19.     Persons imprisoned under Australian law  
   20.     Detention following surrender warrants  
   21.     Content of surrender warrants  
   22.     Execution of surrender warrants  
   23.     Release from remand  
   24.     Effect of surrender to Tribunal on person's terms of imprisonment  
   25.     Expiry of Australian sentences while under Tribunal detention  

   PART 4--OTHER FORMS OF ASSISTANCE TO A TRIBUNAL

           Division 1--Taking evidence etc

   26.     Attorney-General may authorise taking of evidence etc.  
   27.     Taking of evidence  
   28.     Producing documents or other articles  
   29.     Legal representation  
   30.     Form of certificates  
   31.     Compellability of persons to attend etc.  
   32.     Tribunal immunity certificates  

           Division 2--Search and seizure

   33.     Attorney-General may authorise applications for search warrants  
   34.     Applications for search warrants  

           Division 3--Giving evidence at hearings, or assisting in investigations, in foreign countries

   35.     Persons giving evidence or assisting (other than prisoners)  
   36.     Prisoners giving evidence or assisting  
   37.     Undertakings relating to prisoners  
   38.     Effect of removal to foreign country on prisoners' terms of imprisonment  

           Division 4--Custody of persons in transit

   39.     Transit  

           Division 5--Service of process

   40.     Service of process  

   PART 5--SITTINGS OF A TRIBUNAL IN

   41.     Tribunal sittings in Australia  
   42.     Tribunal's powers while sitting in Australia  
   43.     Contravention of Tribunal orders etc.  

   PART 6--FORFEITURE OF PROCEEDS OF TRIBUNAL OFFENCES

   44.     Requests for enforcement of forfeiture orders  
   45.     Registration of order  
   46.     Effect of order  
   46A.    Effect on third parties of registration of forfeiture orders  

   PART 7--SEARCH, SEIZURE AND POWERS OF ARREST

           Division 1--Search warrants

   47.     When search warrants can be issued  
   48.     Content of warrants  
   49.     The things authorised by a search warrant in relation to premises  
   50.     The things authorised by a search warrant in relation to a person  
   51.     Restrictions on personal searches  
   52.     Warrants may be issued by telephone etc.  
   53.     Formalities relating to warrants issued by telephone etc.  

           Division 2--Provisions relating to execution of search warrants

   54.     Availability of assistance and use of force in executing a warrant  
   55.     Copy of warrant to be shown to occupier etc.  
   56.     Specific powers available to officers executing warrants  
   57.     Use of equipment to examine or process things  
   58.     Use of electronic equipment at premises  
   59.     Compensation for damage to electronic equipment  
   60.     Copies of seized things to be provided  
   61.     Occupier entitled to be present during search  
   62.     Receipts for things seized under warrant  

           Division 3--Stopping and searching conveyances

   63.     Searches without warrant in emergency situations  
   64.     How a police officer exercises a power under section 63  

           Division 4--Arrest and related matters

   65.     Power to enter premises to arrest person  
   66.     Use of force in making arrest  
   67.     Persons to be informed of grounds of arrest  
   68.     Power to conduct a frisk search of an arrested person  
   69.     Power to conduct an ordinary search of an arrested person  
   70.     Power to conduct search of arrested person's premises  
   71.     Power to conduct an ordinary search or strip search  
   72.     Rules for conduct of strip search  

           Division 5--General

   73.     Conduct of ordinary searches and frisk searches  
   74.     Announcement before entry  
   75.     Offence for making false statements in warrants  
   76.     Offences relating to telephone warrants  
   77.     Retention of things seized  

   PART 8--MISCELLANEOUS

   78.     Arrest of persons escaping from custody  
   79.     Arrest of person released on bail  
   80.     Aiding persons to escape etc.  
   81.     Legal assistance  
   82.     Arrangements with States  
   83.     Delegation  
   84.     Act not to limit other provision of assistance  
   85.     Regulations  
           SCHEDULE 1 Resolution 827 (1993)
           SCHEDULE 2 Statute of the former Yugoslavia Tribunal
           SCHEDULE 3 Resolution 955 (1994)
           SCHEDULE 4 Statute of the Rwanda Tribunal