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
23 Remand
(5) The magistrate must remand the person in custody unless there are special circumstances justifying remand on bail.
6) Without limiting the other matters that may be taken into account in making a decision to grant bail, the magistrate must have regard to the following:
the gravity of the alleged crimes within the jurisdiction of the ICC;
whether there are urgent and exceptional circumstances that favour the grant of bail;
whether necessary safeguards exist to ensure that Australia can fulfil its duty under the Statute to surrender the person.
(7) Without limiting the other matters that may be taken into account in making a decision to grant bail, the magistrate may not consider whether any warrant of arrest issued by the ICC was properly issued in accordance with the Statute.
Provisional arrest - detention pending surrender
Interim release pending surrender
Detention pending surrender
EDIT.