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 3—Arrest of persons
21 Arrest following request for provisional arrest
(1) Subject to section 22, if:
the Attorney-General receives a request for provisional arrest of a person; and
Division 2 has been complied with in respect of the request;
the Attorney-General may, by written notice in the statutory form expressed to be directed to any magistrate, state that the request has been received.
(2) If the Attorney-General issues such a notice, a magistrate must issue a warrant, by writing in the statutory form, for the person’s arrest if an application is made, in the statutory form, on behalf of the ICC, for issue of a warrant pursuant to the notice.
(3) After the warrant has been issued, the magistrate must without delay send to the Attorney-General a report stating that the magistrate has issued the warrant.
Provisional arrest
Provisional arrest for ICC proceedings - national procedures
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