Part 9—Transportation of persons in custody through Australia


150 Transportation of persons in custody through Australia

(1) This Part applies to a person (the transportee) who:

(a) is being surrendered to the ICC by a foreign country under article 89 of the Statute; or
(b) has been sentenced to imprisonment by the ICC and is being transferred to or from the ICC, or between foreign countries, in connection with the sentence.

(2) Subject to this section, the Attorney General must authorise the transportation of the transportee through Australia in the custody of a person specified by the Attorney General if the ICC has, in accordance with section 8, made a request for the transportation that contains:

(a) a description of the transportee; and
(b) a brief statement of the facts of the case and their legal characterisation; and
(c) the warrant for the arrest and surrender of the transportee.

(3) The Attorney General must not authorise the transportation through Australia of a person referred to in paragraph (1)(a) if the Attorney General reasonably believes that the transportation through Australia would impede or delay the surrender of the person to the ICC.

(4) No authorisation is required for the transportation of the transportee through Australia by air if no landing of the aircraft is scheduled to take place in Australia.

(5) However, if an unscheduled landing of an aircraft carrying the transportee takes place in Australia, the following provisions have effect:

(a) a police officer may detain the transportee in custody for a period of 96 hours from the time of the landing;
(b) the Attorney General must seek from the ICC a request for the transportation of the transportee through Australia;
(c) if the Attorney General receives such a request within that period—the transportation of the transportee may continue and the transportee is to continue to be detained in custody during the transportation;
(d) if the Attorney General does not receive such a request within that period—the transportee must be released from custody.

(6) Despite any authorisation by the Attorney General of the transportation through Australia of the transportee, that transportation is subject to the requirements of section 42 of the Migration Act 1958.

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

Part 4 Other requests by ICC

Division 2—Documentation to accompany request

50 Documentation for request

(2) A request for transit under paragraph 3 of article 89 of the Statute must contain, or be accompanied by, the following information and documents:

a description of the person to be transported;

a brief statement of the facts of the case and their legal characterisation; and

a copy of the warrant for arrest and surrender.

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

Part 9 Transportation of persons in custody through Australia

150 Transportation of persons in custody through Australia

(5) However, if an unscheduled landing of an aircraft carrying the transportee takes place in Australia, the following provisions have effect:

a police officer may detain the transportee in custody for a period of 96 hours from the time of the landing;

the Attorney-General must seek from the ICC a request for the transportation of the transportee through Australia;

if the Attorney-General receives such a request within that period—the transportation of the transportee may continue and the transportee is to continue to be detained in custody during the transportation;

if the Attorney-General does not receive such a request within that period—the transportee must be released from custody.

(6) Despite any authorisation by the Attorney-General of the transportation through Australia of the transportee, that transportation is subject to the requirements of section 42 of the Migration Act 1958.

Article 59
Arrest proceedings in the custodial State
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 89
Surrender of persons to the Court
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.