Australia

International Criminal Court Act (2002), No. 41, 2002

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 9 Transportation of persons in custody through Australia

150 Transportation of persons in custody through Australia

(5) However, if an unscheduled landing of an aircraft carrying the transportee takes place in Australia, the following provisions have effect:

a police officer may detain the transportee in custody for a period of 96 hours from the time of the landing;

the Attorney-General must seek from the ICC a request for the transportation of the transportee through Australia;

if the Attorney-General receives such a request within that period—the transportation of the transportee may continue and the transportee is to continue to be detained in custody during the transportation;

if the Attorney-General does not receive such a request within that period—the transportee must be released from custody.

(6) Despite any authorisation by the Attorney-General of the transportation through Australia of the transportee, that transportation is subject to the requirements of section 42 of the Migration Act 1958.

Keywords

Transit proceedings
Transportation and transit through State territory for surrender



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