26 Release from remand after certain periods

(1) A person must be brought before a magistrate if:

the person was arrested under a warrant issued under subsection 21(2); and

the person is, under this Division, on remand 60 days after the day on which the person was arrested; and a notice has not been given under subsection 20(1) in relation to the person.

(2) Unless the magistrate is satisfied that such a notice is likely to be given within a particular period that is reasonable in all the circumstances, the magistrate must:

order the release of the person from custody; or

order the discharge of the recognisances on which bail was granted to the person;
as the case requires.

(3) If a magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period but the notice is not given within the period:
the person must be brought before a magistrate; and

the magistrate must:

order the release of the person from custody; or

order the discharge of the recognisances on which bail was granted to the person;

as the case requires.

26 Release from remand after certain periods

(1) A person must be brought before a magistrate if:

the person was arrested under a warrant issued under subsection 21(2); and

the person is, under this Division, on remand 60 days after the day on which the person was arrested; and a notice has not been given under subsection 20(1) in relation to the person.

(2) Unless the magistrate is satisfied that such a notice is likely to be given within a particular period that is reasonable in all the circumstances, the magistrate must:

order the release of the person from custody; or

order the discharge of the recognisances on which bail was granted to the person;
as the case requires.

(3) If a magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period but the notice is not given within the period:
the person must be brought before a magistrate; and

the magistrate must:

order the release of the person from custody; or

order the discharge of the recognisances on which bail was granted to the person;

as the case requires.

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

Part 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

32 Postponement of execution of request for surrender

(4) However, if:

the person applies to an appropriate court to be released; and

the court is satisfied that reasonable notice of the intention to make the application has been given to the Attorney-General;

the court may, unless the person is liable to be detained under any other order or other sufficient cause is shown against the release, order the release of the person from the place where the person is detained.

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

Part 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

45 Release from remand

(1) If: a surrender warrant has been issued in relation to a person; and

the person is in custody in Australia under the warrant, or otherwise under this Act, more than 21 days after the day on which the warrant was first liable to be executed; and

the person applies to the Supreme Court of the State or Territory in which the person is in custody; and

reasonable notice of the intention to apply has been given to the Attorney-General;

the Court must, subject to subsection (2), order that the person be released from that custody.