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.
Provisional arrest
Release prior to surrender
Provisional arrest - release - ICC proceedings
Provisional arrest - release - national proceedings
EDIT.