International Criminal Court Regulations 20081
Select Legislative Instrument 2008 No. 7
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Criminal Court Act 2002.
Dated 14 February 2008
Governor‑General
By His Excellency’s Command
ROBERT McCLELLAND
1 Name of Regulations
These Regulations are the International Criminal Court Regulations 2008.
2 Commencement
These Regulations commence on the day after they are registered.
3 Definition
In these Regulations:
Act means the International Criminal Court Act 2002.
4 Statutory forms
(1) A form mentioned in column 1 of the following table is the statutory form for the provision of the Act mentioned in column 2 and a purpose mentioned in column 3.
Form | Provision of Act | Purpose |
1 | subsection 20 (1) | Notice of receipt of request for arrest and surrender |
2 | subsection 20 (3) | Warrant for arrest |
3 | subsection 20 (3) | Application for arrest warrant |
4 | subsection 21 (1) | Notice of receipt of request for provisional arrest |
5 | subsection 21 (2) | Warrant for provisional arrest |
6 | subsection 21 (2) | Application for provisional arrest warrant |
7 | subsection 25 (1) | Notice to order release from remand |
8 | subsection 28 (2) | Surrender warrant |
9 | subsection 151 (2) | Notice authorising application for registration of order for reparation |
10 | subsection 152 (2) | Notice authorising application for registration of order imposing a fine |
11 | subsection 155 (2) | Notice authorising application for registration of forfeiture order |
(2) In these Regulations, a reference to a form by number is a reference to the form bearing that number in Schedule 1.
Schedule 1 Forms
(regulation 4)
Form 1 Notice of receipt of request for arrest and surrender
Commonwealth of Australia
International Criminal Court Act 2002
Notice under subsection 20 (1) of receipt of request for arrest and surrender by the International Criminal Court
To a magistrate:
I, , Attorney‑General of the Commonwealth of Australia, under subsection 20 (1) of the International Criminal Court Act 2002 (the Act), state that I have:
(a) received a request for the arrest and surrender of [insert name of person] from the International Criminal Court; and
(b) signed a certificate under section 22 of the Act that it is appropriate for me to issue this notice.
Division 2 of Part 3 of the Act has been complied with in respect of the request.
A copy of [the warrant of arrest*] [and*] [judgment of conviction*] issued by the International Criminal Court is attached to this notice.
Dated
Attorney‑General
* insert as the case requires
Form 2 Warrant for arrest
Commonwealth of Australia
International Criminal Court Act 2002
Warrant for arrest under subsection 20 (3)
To all police officers within the meaning of the International Criminal Court Act 2002 (the Act):
Because:
(a) the Attorney‑General of the Commonwealth of Australia has given a notice under subsection 20 (1) of the Act stating that a request has been received from the International Criminal Court for the arrest and surrender of [insert name of person]; and
(b) an application has been made on behalf of the International Criminal Court under subsection 20 (3) of the Act for issue of a warrant according to the notice;
I, [insert name and designation of magistrate], under subsection 20 (3) of the Act, authorise you to arrest [insert name of person] and to bring [him/her*], as soon as practicable, before a magistrate in the State or Territory in which [he/she*] is arrested to be dealt with according to law.
Dated
..........................................................
[Signature and designation of magistrate issuing warrant]
* delete as the case requires
Form 3 Application for arrest warrant
Commonwealth of Australia
International Criminal Court Act 2002
Application under subsection 20 (3) for arrest warrant
To a magistrate:
I, [insert name of applicant and the capacity in which application is made], apply under subsection 20 (3) of the International Criminal Court Act 2002 (the Act) on behalf of the International Criminal Court for issue of a warrant, according to a notice under subsection 20 (1) of the Act, for the arrest and surrender of [insert name of person].
Dated
.........................................................
[Signature of the applicant and the capacity in which application is made]
Form 4 Notice of receipt of request for provisional arrest
Commonwealth of Australia
International Criminal Court Act 2002
Notice under subsection 21 (1) of receipt of request for provisional arrest by the International Criminal Court
To a magistrate:
I, , Attorney‑General of the Commonwealth of Australia, under subsection 21 (1) of the International Criminal Court Act 2002 (the Act), state that I have:
(a) received a request for the provisional arrest of [insert name of person] from the International Criminal Court; and
(b) signed a certificate under section 22 of the Act that it is appropriate for me to issue this notice.
Division 2 of Part 3 of the Act has been complied with in respect of the request.
Dated
Attorney‑General
Form 5 Warrant for provisional arrest
Commonwealth of Australia
International Criminal Court Act 2002
Warrant for provisional arrest under subsection 21 (2)
To all police officers within the meaning of the International Criminal Court Act 2002 (the Act):
Because:
(a) the Attorney‑General of the Commonwealth of Australia has given a notice under subsection 21 (1) of the Act stating that a request has been received from the International Criminal Court for the provisional arrest of [insert name of person]; and
(b) an application has been made on behalf of the International Criminal Court under subsection 21 (2) of the Act for issue of a warrant according to the notice;
I, [insert name and designation of magistrate], under subsection 21 (2) of the Act, authorise you to arrest [insert name of person] and to bring [him/her*], as soon as practicable, before a magistrate in the State or Territory in which [he/she*] is arrested to be dealt with according to law.
Dated
..........................................................
[Signature and designation of magistrate issuing warrant]
* delete as the case requires
Form 6 Application for provisional arrest warrant
Commonwealth of Australia
International Criminal Court Act 2002
Application under subsection 21 (2) for provisional arrest warrant
To a magistrate:
I, [insert name of applicant and the capacity in which application is made], apply under subsection 21 (2) of the International Criminal Court Act 2002 (the Act) on behalf of the International Criminal Court for issue of a warrant, according to a notice under subsection 21 (1) of the Act, for the provisional arrest of [insert name of person].
Dated
.........................................................
[Signature of the applicant and the capacity in which application is made]
Form 7 Notice to order release from remand
Commonwealth of Australia
International Criminal Court Act 2002
Notice under subsection 25 (1) to order release from remand
To a magistrate:
*Because a request for surrender of [insert name of person] has not been received within 60 days after the day on which [he/she*] was provisionally arrested and [he/she*] does not consent to surrender;
*Because I consider that the remand of [insert name of person] should cease;
I, , Attorney‑General of the Commonwealth of Australia, under subsection 25 (1) of the International Criminal Court Act 2002, direct you to order the [*release of (insert name of person) from custody/*discharge of the recognisances on which bail was granted to (insert name of person)].
Dated
Attorney‑General
* delete as the case requires
Form 8 Surrender warrant
Commonwealth of Australia
International Criminal Court Act 2002
Surrender warrant under subsection 28 (2)
To the person in whose custody [insert name of person] is held
And to all police officers within the meaning of the International Criminal Court Act 2002 (the Act)
And to [insert name of officer of the International Criminal Court or other person authorised by the Court], (the escort):
Having:
(a)* reached agreement with the International Criminal Court on conditions for the issue of a temporary surrender warrant; and
(b) received a request for surrender of [insert name of person]; and
(c) signed a certificate under section 29 of the Act that it is appropriate to issue a warrant for [his/her*] surrender;
I, , Attorney‑General of the Commonwealth of Australia, under section 28 of the Act:
(d) require the person in whose custody [insert name of person in custody] is held, to release [him/her*] into the custody of a police officer; and
(e) authorise the police officer to transport [insert name of person] in custody, and if necessary or convenient, to detain [him/her*] in custody, for the purpose of enabling [him/her*] to be placed in the custody of the escort and transported to the place specified by the International Criminal Court; and
(f) authorise the escort to transport [insert name of person] in custody to [insert the name of the place specified by the International Criminal Court] for the purpose of surrendering [him/her*] to a person appointed by the International Criminal Court to receive [him/her*].
*This surrender warrant has a temporary operation in accordance with the conditions set out in the Schedule.
*This surrender warrant takes effect when [insert name of person] ceases to be liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against Australian law.
Dated
Attorney‑General
* delete as the case requires
*Schedule
[Set out the conditions on which the temporary surrender warrant is issued]
Form 9 Notice authorising application for registration of order for reparation
Commonwealth of Australia
International Criminal Court Act 2002
Authorisation under subsection 151 (2) to apply for registration of an order for reparation
To the Commonwealth Director of Public Prosecutions:
Because:
(a) the International Criminal Court has:
(i) made an order under article 75 of the Statute of the International Criminal Court requiring reparation by [insert name of person]; and
(ii) requested that the order be enforced as if article 109 of the Statute were applicable; and
(b) neither the conviction in respect of which the order was made nor the order requiring reparation is subject to appeal or further appeal in the Court;
I, , Attorney‑General of the Commonwealth of Australia, under subsection 151 (2) of the International Criminal Court Act 2002, authorise you, the Commonwealth Director of Public Prosecutions, to apply for the registration of the attached order in [insert the name of the Federal Court or the Supreme Court of a specified State].
Dated
Attorney‑General
Form 10 Notice authorising application for registration of order imposing a fine
Commonwealth of Australia
International Criminal Court Act 2002
Authorisation under subsection 152 (2) to apply for registration of an order imposing a fine
To the Commonwealth Director of Public Prosecutions:
Because:
(a) the International Criminal Court has:
(i) ordered payment of a fine by [insert name of person] under paragraph 2 (a) of article 77 of the Statute of the International Criminal Court; and
(ii) requested that the order be enforced according to article 109 of the Statute; and
(b) neither the conviction in respect of which the order was made nor the order for payment of the fine is subject to appeal or further appeal in the Court;
I, , Attorney‑General of the Commonwealth of Australia, under subsection 152 (2) of the International Criminal Court Act 2002, authorise you, the Commonwealth Director of Public Prosecutions, to apply for the registration of the attached order in [insert name of the Federal Court or the Supreme Court of a specified State].
Dated
Attorney‑General
Form 11 Notice authorising application for registration of forfeiture order
Commonwealth of Australia
International Criminal Court Act 2002
Authorisation under subsection 155 (2) to apply for registration of a forfeiture order
To the Commonwealth Director of Public Prosecutions:
Because:
(a) the International Criminal Court has requested me to make arrangements for the enforcement of a forfeiture order made in relation to property that is reasonably suspected of being in Australia; and
(b) I am satisfied that:
(i) [insert name of person] has been convicted by the International Criminal Court of the crime within the jurisdiction of the Court to which the order relates; and
(ii) the conviction and the order are not subject to appeal or further appeal in the Court;
I, , Attorney‑General of the Commonwealth of Australia, under subsection 155 (2) of the International Criminal Court Act 2002, authorise you, the Commonwealth Director of Public Prosecutions, to apply for the registration of the attached order in [insert the name of a court with proceeds jurisdiction in the State or Territory in which some or all of the property is reasonably suspected of being located].
Dated
Attorney‑General
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.