Enforcement of fines

Australia

Australia - ICC Act 2002 (2016)

Part 10—Enforcement in Australia of reparation orders made and fines imposed by ICC


152 Assistance with enforcement of orders imposing fines

(1) This section applies if:

(a) the ICC:
(i) orders payment of a fine under paragraph 2(a) of article 77 of the Statute; and
(ii) requests that the order be enforced in accordance with article 109 of the Statute; and
(b) neither the conviction in respect of which the order was made nor the order for payment of the fine is subject to appeal or further appeal in the ICC.

(2) The Attorney General is to execute the request by authorising, by written notice in the statutory form, the DPP to apply for the registration of the order in an appropriate court.


153 Registration of order

(1) If the DPP applies to a court for registration of an order in accordance with an authorisation under section 151 or 152, the court must register the order and must direct the DPP to publish notice of the registration in the manner and within the period that the court considers appropriate.

(2) An order is to be registered in a court in the same way as the court registers an order made by another Australian court.

(3) Subject to subsection 154(3), a faxed copy of an authenticated copy of an order is, for the purposes of subsection (2) of this section, taken to be the same as the authenticated copy.


154 Effect of order

(1) An order referred to in section 151 that is registered in a court has effect, and may be enforced, as if it were an order for the payment of money made by the court at the time of the registration.

(2) An order referred to in section 152 that is registered in a court has effect, and may be enforced, as if it were an order imposing a fine made by the court at the time of the registration.

(3) A registration effected by registering a faxed copy of an authenticated copy of an order ceases to have effect after 21 days unless the authenticated copy of the order has been filed by then in the court that registered the order.

Part 10—Enforcement in Australia of reparation orders made and fines imposed by ICC


152 Assistance with enforcement of orders imposing fines

(1) This section applies if:

(a) the ICC:
(i) orders payment of a fine under paragraph 2(a) of article 77 of the Statute; and
(ii) requests that the order be enforced in accordance with article 109 of the Statute; and
(b) neither the conviction in respect of which the order was made nor the order for payment of the fine is subject to appeal or further appeal in the ICC.

(2) The Attorney General is to execute the request by authorising, by written notice in the statutory form, the DPP to apply for the registration of the order in an appropriate court.

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

Part 10—Enforcement in Australia of reparation orders made and fines imposed by ICC

152 Assistance with enforcement of orders imposing fines

(1) This section applies if:

(a) the ICC:

orders payment of a fine under paragraph 2(a) of article 77 of the Statute; and

requests that the order be enforced in accordance with article 109 of the Statute; and

(b) neither the conviction in respect of which the order was made nor the order for payment of the fine is subject to appeal or further appeal in the ICC.

(2) The Attorney-General is to execute the request by authorising, by written notice in the statutory form, the DPP to apply for the registration of the order in an appropriate court.

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

Part 10—Enforcement in Australia of reparation orders made and fines imposed by ICC

152 Assistance with enforcement of orders imposing fines

(1) This section applies if:

(a) the ICC:

orders payment of a fine under paragraph 2(a) of article 77 of the Statute; and

requests that the order be enforced in accordance with article 109 of the Statute; and

(b) neither the conviction in respect of which the order was made nor the order for payment of the fine is subject to appeal or further appeal in the ICC.

(2) The Attorney-General is to execute the request by authorising, by written notice in the statutory form, the DPP to apply for the registration of the order in an appropriate court.


153 Registration of order

If the DPP applies to a court for registration of an order in accordance with an authorisation under section 151 or 152, the court must register the order and must direct the DPP to publish notice of the registration in the manner and within the period that the court considers appropriate.

An order is to be registered in a court in the same way as the court registers an order made by another Australian court.

Subject to subsection 154(3), a faxed copy of an authenticated copy of an order is, for the purposes of subsection (2) of this section, taken to be the same as the authenticated copy.

154 Effect of order

An order referred to in section 151 that is registered in a court has effect, and may be enforced, as if it were an order for the payment of money made by the court at the time of the registration.

An order referred to in section 152 that is registered in a court has effect, and may be enforced, as if it were an order imposing a fine made by the court at the time of the registration.

A registration effected by registering a faxed copy of an authenticated copy of an order ceases to have effect after 21 days unless the authenticated copy of the order has been filed by then in the court that registered the order.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.