An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 3- Enforcement of Sentences

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:
after the completion of, or release from, the sentence; or
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:

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

voluntarily returns to Australia after having left it.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 3- Enforcement of Sentences

178 Extradition of escaped ICC prisoner

(1) If:

an ICC prisoner serving a sentence in a foreign country escapes from custody and is located in Australia; and

the foreign country makes a request to Australia for the person’s surrender in accordance with article 111 of the Statute;

the Extradition Act 1988 applies to the request:

subject to necessary limitations, conditions, exceptions or qualifications; and
as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).

(2) If:

an ICC prisoner serving a sentence in Australia escapes from custody and is located in a foreign country; and

the Attorney-General wishes to make a request to that country for the person’s surrender in accordance with article 111 of the Statute;

the Attorney-General may request the person’s extradition under the Extradition Act 1988, and that Act applies:

with any necessary limitations, conditions, exceptions or qualifications; and

as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.