Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
45 Release from remand
(1) If:
(a) a surrender warrant has been issued in relation to a person; and
(b) 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
(c) the person applies to the Supreme Court of the State or Territory in which the person is in custody; and
(d) 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.
EDIT.