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
25 Release from remand on the Attorney-General’s direction
(1) The Attorney-General must, by written notice in the statutory form, direct a magistrate to order the release from custody of a person
remanded under this Division, or the discharge of the recognisances on which bail was granted to the person, as the case requires, if:
where the person was remanded following the receipt of a request for provisional arrest—a request for surrender of the person has not been duly received within 60 days after the day on which the person was arrested and the person does not consent to surrender; or
in any case—after considering the matters mentioned in subsection 23(6), the Attorney-General considers for any other reason that the remand should cease.
(2) The making by a magistrate of an order under subsection (1) following a direction by the Attorney-General does not prevent the person from being arrested and remanded pursuant to a further request for arrest and surrender of the person received after the making of the order.
Release prior to surrender
Provisional arrest - release - ICC proceedings
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