An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes
Part 12—Enforcement in Australia of sentences imposed by ICC
Division 2—Transfer to Australia of ICC prisoners
165 Issue of warrant for transfer to Australia
The Attorney-General may issue a warrant, by writing in the statutory form, for the transfer of an ICC prisoner to Australia if:
the ICC’s agreement to the enforcement conditions; and
the written consent of the prisoner or his or her representative to the sentence being served in Australia (if the Attorney-General considers such consent is necessary); and
the appropriate Ministerial consent to the sentence being served in Australia;
have been obtained.
166 Warrants for transfer to Australia
(1) A warrant for the transfer of an ICC prisoner to Australia authorises the transfer of the prisoner to Australia to serve the sentence of imprisonment imposed by the ICC in accordance with the enforcement conditions.
(2) A warrant must:
specify the name and date of birth of the prisoner to be transferred; and
specify the country from which the prisoner is to be transferred; and
state that:
the ICC’s agreement to the enforcement conditions; and
the written consent of the prisoner or his or her representative to the sentence being served in Australia (if the Attorney-General considers such consent is necessary); and
the appropriate Ministerial consent to the sentence being served in Australia;
have been obtained.
(3) The warrant is:
(a) to authorise an escort officer to collect the prisoner from a place (whether in Australia or a foreign country) specified in the warrant; and
(b) if the place is in a foreign country—to authorise:
the escort officer to transport the prisoner in custody to Australia for surrender to a person appointed by the Attorney-General to receive the prisoner; and
if appropriate, the appointed person to escort the prisoner to the prison, or hospital or other place, in Australia where the prisoner is to begin to serve the sentence of imprisonment in accordance with this Part; and
(c) if the place is in Australia—to authorise the escort officer to escort the prisoner to the prison, or hospital or other place, in Australia where the prisoner is to begin to serve the sentence of imprisonment in accordance with this Part; and
(d) if the prisoner is to be escorted to a prison—to require the superintendent of the prison to take the prisoner into custody to be dealt with in accordance with this Part; and
(e) if the prisoner is to be escorted to a hospital or other place—to authorise his or her detention in the hospital or place to be dealt with in accordance with this Part.
Note: An ICC prisoner may be transferred from the prison, hospital or other place in the State in which he or she begins to serve a sentence of imprisonment to another prison, hospital or other place in the State or to a prison, hospital or other place in another State (see paragraphs 172(5)(e), (d) and (h)).
(4) The Attorney-General may give any direction or approval that is necessary to ensure that the warrant is executed in accordance with its terms.
167 Cancellation of warrant
The Attorney-General may cancel a warrant for the transfer of an ICC prisoner to Australia at any time before the prisoner leaves the foreign country in which he or she is being held in custody.
Without limiting the grounds on which the Attorney-General may cancel a warrant for the transfer of an ICC prisoner to Australia, it must be cancelled if:
Section 167
the ICC cancels the designation of Australia or decides not to accept an enforcement condition; or
the Attorney-General, the Minister administering the Migration Act 1958 or a State Minister withdraws consent; or
where the consent of the prisoner or his or her representative to the sentence being served in Australia was required by the Attorney-General--the prisoner or representative withdraws consent.
Transfer of sentenced person to State
EDIT.