Part 12—Enforcement in Australia of sentences imposed by ICC

Division 1—Preliminary


160 Australia may agree to act as State of enforcement

(1) The Attorney General may notify the ICC that Australia is willing to allow persons who are ICC prisoners to serve their sentences in Australia subject to such conditions (the enforcement conditions) as Australia imposes and are specified in the instrument of notification.

(2) The enforcement conditions that may be imposed include, but are not limited to:

(a) a condition that, unless the Attorney General determines that it is not necessary in a particular case, the ICC prisoner or his or her representative has consented in writing to the sentence being served in Australia; and
(b) a condition that the appropriate Ministerial consent has been given to the sentence being served in Australia; and
(c) a condition that any appeal or application for revision in respect of the sentence or in respect of the conviction on which it is based has been heard and determined or the period for bringing such an appeal or application has expired; and
(d) a condition that:
(i) on the day of receipt by Australia of the relevant designation under article 103 of the Statute, at least 6 months of the ICC prisoner’s sentence remains to be served; or
(ii) if a shorter period remains to be served on that day, the Attorney General has determined that, in the circumstances, transfer of the ICC prisoner to Australia for a shorter period is acceptable.

(3) The Attorney General may, at any time, notify the ICC that Australia withdraws a condition specified in the instrument of notification referred to in subsection (1).


161 Withdrawal of agreement to act as State of enforcement

(1) If the Attorney General notifies the ICC under section 160, the Attorney General may, at any time, withdraw the notification by notifying the ICC that Australia is no longer willing to allow ICC prisoners to serve their sentences in Australia.

(2) Any notification given under subsection (1) does not affect the enforcement of sentences for which the Attorney General had, before the notification was given, accepted the designation given to Australia by the ICC under section 164.


162 Designation of Australia as place for service of sentence

(1) If:

(a) the Attorney General has given a notification under section 160 and has not withdrawn the notification under section 161; and
(b) the ICC imposes a sentence of imprisonment on a person convicted of a crime within the jurisdiction of the ICC; and
(c) the ICC designates Australia, under article 103 of the Statute, as the country in which the sentence is to be served;
the Attorney General is to consider whether to accept the designation.

(2) Before accepting the designation, the Attorney General may request the ICC to provide the Attorney General with any relevant information that will enable the Attorney General to assess whether the designation should be accepted.


163 Governmental consent to acceptance of designation

(1) Before accepting the designation, the Attorney General is to determine the State in which it would be most appropriate for the ICC prisoner to serve the sentence of imprisonment imposed by the ICC and is to seek the consent of the State Minister concerned.

(2) The Attorney General is to provide the State Minister with particulars of any information that the ICC has given to the Attorney General.

(3) As soon as possible after receiving the particulars, the State Minister is to inform the Attorney General in writing whether the State Minister consents to the sentence being served in the State.

(4) If the State Minister refuses to consent to the sentence being served in the State, the Attorney General may seek the consent of another State Minister to the sentence being served in the State concerned.

(5) If a State Minister consents to the sentence being served in the State, that Minister is to notify the Attorney General of:

(a) the prison, or hospital or other place, in which the ICC prisoner is to serve the sentence in accordance with this Part in the State; and
(b) any other matters that the State Minister considers relevant to the service of the sentence in the State.

Note: An ICC prisoner may be transferred from the prison, hospital or other place in the State in which he or she begins to serve a sentence of imprisonment to another prison, hospital or other place in the State or to a prison, hospital or other place in another State (see paragraphs 172(5)(c), (d) and (h)).


164 Acceptance of designation

(1) The Attorney General may accept the designation if:

(a) the Attorney General is satisfied that the ICC has agreed to the enforcement conditions; and
(b) in the case of a prisoner who is not an Australian citizen—the Minister administering the Migration Act 1958 has consented to the sentence of imprisonment being served by the ICC prisoner in Australia; and
(c) a State Minister has consented to the sentence of imprisonment being served by the ICC prisoner in the State.

(2) When the Attorney General notifies the ICC of the acceptance of the designation, the Attorney General is also to notify the ICC whether the written consent of the ICC prisoner or his or her representative to the sentence being served in Australia is required and, if such a consent is required, ask the ICC to inform the Attorney General when it has been obtained.

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 3—Enforcement of sentences


168 Sentence enforcement in Australia

The Attorney General may determine that a sentence of imprisonment imposed on an ICC prisoner by the ICC be enforced on transfer of the prisoner to Australia under this Part.

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 1—Preliminary


160 Australia may agree to act as State of enforcement

(1) The Attorney General may notify the ICC that Australia is willing to allow persons who are ICC prisoners to serve their sentences in Australia subject to such conditions (the enforcement conditions) as Australia imposes and are specified in the instrument of notification.

(2) The enforcement conditions that may be imposed include, but are not limited to:
(a) a condition that, unless the Attorney General determines that it is not necessary in a particular case, the ICC prisoner or his or her representative has consented in writing to the sentence being served in Australia; and
(b) a condition that the appropriate Ministerial consent has been given to the sentence being served in Australia; and
(c) a condition that any appeal or application for revision in respect of the sentence or in respect of the conviction on which it is based has been heard and determined or the period for bringing such an appeal or application has expired; and
(d) a condition that:
(i) on the day of receipt by Australia of the relevant designation under article 103 of the Statute, at least 6 months of the ICC prisoner’s sentence remains to be served; or
(ii) if a shorter period remains to be served on that day, the Attorney General has determined that, in the circumstances, transfer of the ICC prisoner to Australia for a shorter period is acceptable.

(3) The Attorney General may, at any time, notify the ICC that Australia withdraws a condition specified in the instrument of notification referred to in subsection (1).


161 Withdrawal of agreement to act as State of enforcement

(1) If the Attorney General notifies the ICC under section 160, the Attorney General may, at any time, withdraw the notification by notifying the ICC that Australia is no longer willing to allow ICC prisoners to serve their sentences in Australia.

(2) Any notification given under subsection (1) does not affect the enforcement of sentences for which the Attorney General had, before the notification was given, accepted the designation given to Australia by the ICC under section 164.

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 1—Preliminary

161 Withdrawal of agreement to act as State of enforcement

If the Attorney-General notifies the ICC under section 160, the Attorney-General may, at any time, withdraw the notification by notifying the ICC that Australia is no longer willing to allow ICC prisoners to serve their sentences in Australia.

Any notification given under subsection (1) does not affect the enforcement of sentences for which the Attorney-General had, before the notification was given, accepted the designation given to Australia by the ICC under section 164.

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 1—Preliminary

160 Australia may agree to act as State of enforcement

(1) The Attorney-General may notify the ICC that Australia is willing to allow persons who are ICC prisoners to serve their sentences in Australia subject to such conditions (the enforcement conditions) as Australia imposes and are specified in the instrument of notification.

(2) The enforcement conditions that may be imposed include, but are not limited to:

a condition that, unless the Attorney-General determines that it is not necessary in a particular case, the ICC prisoner or his or her representative has consented in writing to the sentence being served in Australia; and

a condition that the appropriate Ministerial consent has been given to the sentence being served in Australia; and

a condition that any appeal or application for revision in respect of the sentence or in respect of the conviction on which it is based has been heard and determined or the period for bringing such an appeal or application has expired; and

a condition that:

on the day of receipt by Australia of the relevant designation under article 103 of the Statute, at least 6 months of the ICC prisoner’s sentence remains to be served; or

if a shorter period remains to be served on that day, the Attorney-General has determined that, in the circumstances, transfer of the ICC prisoner to Australia for a shorter period is acceptable.

(3) The Attorney-General may, at any time, notify the ICC that Australia withdraws a condition specified in the instrument of notification referred to in subsection (1).

Part 12 Enforcement in Australia of sentences imposed by ICC Division 1 Preliminary

Section 161

161 Withdrawal of agreement to act as State of enforcement
If the Attorney-General notifies the ICC under section 160, the Attorney-General may, at any time, withdraw the notification by notifying the ICC that Australia is no longer willing to allow ICC prisoners to serve their sentences in Australia.

Any notification given under subsection (1) does not affect the enforcement of sentences for which the Attorney-General had, before the notification was given, accepted the designation given to Australia by the ICC under section 164.

162 Designation of Australia as place for service of sentence

(1) If:

the Attorney-General has given a notification under section 160 and has not withdrawn the notification under section 161; and

the ICC imposes a sentence of imprisonment on a person convicted of a crime within the jurisdiction of the ICC; and

the ICC designates Australia, under article 103 of the Statute, as the country in which the sentence is to be served;

the Attorney-General is to consider whether to accept the designation.

(2) Before accepting the designation, the Attorney-General may request the ICC to provide the Attorney-General with any relevant information that will enable the Attorney-General to assess whether the designation should be accepted.

163 Governmental consent to acceptance of designation

Before accepting the designation, the Attorney-General is to determine the State in which it would be most appropriate for the ICC prisoner to serve the sentence of imprisonment imposed by the ICC and is to seek the consent of the State Minister concerned.

The Attorney-General is to provide the State Minister with particulars of any information that the ICC has given to the Attorney-General.

As soon as possible after receiving the particulars, the State Minister is to inform the Attorney-General in writing whether the State Minister consents to the sentence being served in the State.

If the State Minister refuses to consent to the sentence being served in the State, the Attorney-General may seek the consent of another State Minister to the sentence being served in the State concerned.

If a State Minister consents to the sentence being served in the State, that Minister is to notify the Attorney-General of:

the prison, or hospital or other place, in which the ICC prisoner is to serve the sentence in accordance with this Part in the State; and

any other matters that the State Minister considers relevant to the service of the sentence in the State.
Note: An ICC prisoner may be transferred from the prison, hospital or other place in the State in which he or she begins to serve a sentence of imprisonment to another prison, hospital or other place in the State or to a prison, hospital or other place in another State (see paragraphs 172(5)(c), (d) and (h)).

164 Acceptance of designation

(1) The Attorney-General may accept the designation if:
the Attorney-General is satisfied that the ICC has agreed to the enforcement conditions; and
in the case of a prisoner who is not an Australian citizen—the Minister administering the Migration Act 1958 has consented to the sentence of imprisonment being served by the ICC prisoner in Australia; and a State Minister has consented to the sentence of imprisonment being served by the ICC prisoner in the State.

(2) When the Attorney-General notifies the ICC of the acceptance of the designation, the Attorney-General is also to notify the ICC whether the written consent of the ICC prisoner or his or her representative to the sentence being served in Australia is required and, if such a consent is required, ask the ICC to inform the Attorney-General when it has been obtained.

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

168 Sentence enforcement in Australia

The Attorney-General may determine that a sentence of imprisonment imposed on an ICC prisoner by the ICC be enforced on transfer of the prisoner to Australia under this Part.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.