Contents of request for arrest and surrender - national law requirements

Commonwealth of Australia

Australia - Mutual Assistance in Criminal Matters Act No. 85 1987 (2018)

Part I—Preliminary
11 Request by foreign country
(1) A request by a foreign country for international assistance in a criminal matter may be made to the Attorney General or a person authorised by the Attorney General, in writing, to receive requests by foreign countries under this Act.
(2) A request must be in writing and must include or be accompanied by the following information:
(a) the name of the authority concerned with the criminal matter to which the request relates;
(b) a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;
(c) a description of the purpose of the request and of the nature of the assistance being sought;
(d) any information that may assist in giving effect to the request.
However, a failure to comply with this subsection is not a ground for refusing the request.
(3) Where a request by a foreign country is made to a person authorised under subsection (1), the request shall be taken, for the purposes of this Act, to have been made to the Attorney General.
(4) If a foreign country makes a request to a court in Australia for international assistance in a criminal matter:
(a) the court must refer the request to the Attorney General; and
(b) the request is then taken, for the purposes of this Act, to have been made to the Attorney General.

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.