'Transfer of forfeitures to the ICC' in document 'Australia: ICC Act (2002)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 11—Forfeiture of proceeds of international crimes

157 Effect of order

(4) In giving a direction under subsection (3), the Attorney General or authorised person must consider any order by the ICC for the property that is subject to the forfeiture order to be transferred to the ICC Trust Fund.

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

Part 11—Forfeiture of proceeds of international crimes

157 Effect of order

(3) Subject to subsection (4) and to section 158, property that is subject to a forfeiture order registered under this Part may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney-General or of a person authorised in writing by the Attorney-General for the purposes of this subsection.

(4) In giving a direction under subsection (3), the Attorney-General or authorised person must consider any order by the ICC for the property that is subject to the forfeiture order to be transferred to the ICC Trust Fund.

RELEVANT ROME STATUTE PROVISIONS

Article 109
Enforcement of fines and forfeiture measures
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.

Article 79
Trust Fund
1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.
2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.
3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.