INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 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
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 1AA--Providing law enforcement agency material
- 25A Authorising provision of material obtained by law enforcement agencies
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 1A--Requests for surveillance devices
- 32A Authorising applications for surveillance device warrants
Division 1AB--Requests for access to data held in computers
- 32AA Authorising applications for computer access warrants
Division 1B--Forensic procedures
- 32B Authorising application for carrying out of forensic procedures
- 32C Providing forensic evidence to the Tribunal
Division 2--Search and seizure
- 33 Attorney - General may authorise applications for search warrants
- 34 Applications for search warrants
Division 2A--Stored communications
- 34A Authorising application for a stored communications warrant
Division 2B--Prospective telecommunications data
- 34B Authorising an authorisation for the disclosure of prospective telecommunications data
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
Division 6--Identification, tracing, and freezing or seizure, of proceeds of Tribunal offences
Subdivision A--Preliminary- 40AA Application of Division
- 40AB Authorising applications under the Proceeds of Crime Act 2002 Subdivision B--Restraining orders
- 40AC Applying for and making restraining orders
- 40AD Excluding property from restraining orders
- 40AE When restraining order ceases to be in force Subdivision C--Production orders relating to Tribunal offences
- 40AF Applying for and making production orders
- 40AG Retaining produced documents Subdivision D--Notices to financial institutions
- 40AH Giving notices to financial institutions
- 40AI Contents of notices to financial institutions
- 40AJ Protection from suits etc. for those complying with notices
- 40AK Making false statements in applications
- 40AL Disclosing existence or nature of notice
- 40AM Failing to comply with a notice Subdivision E--Monitoring orders relating to Tribunal offences
- 40AN Applying for and making monitoring orders
- 40AO Passing on information given under monitoring orders Subdivision F--Search warrants relating to proceeds of crime and evidential material
- 40AP Applying for and issuing search warrants
- 40AQ Contents of POCA search warrants
- 40AR Seizure of certain property or things found in the course of search
- 40AS Return of seized property to third parties
- 40AT Dealing with certain seized property
- 40AU Dealing with evidential material and certain property or things seized under POCA search warrants
PART 5--SITTINGS--OF A TRIBUNAL IN AUSTRALIA
- 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