Enforcement of fines

Australia

Australia - ICC Regulations 2008 (2018)

Form 10—Notice authorising application for registration of order imposing a fine

Commonwealth of Australia

International Criminal Court Act 2002

Authorisation under subsection 152(2) to apply for registration of an order imposing a fine

To the Commonwealth Director of Public Prosecutions:

Because:
(a) the International Criminal Court has:
(i) ordered payment of a fine by [insert name of person] under paragraph 2(a) of article 77 of the Statute of the International Criminal Court; and
(ii) requested that the order be enforced according to 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 Court;
I, , Attorney General of the Commonwealth of Australia, under subsection 152(2) of the International Criminal Court Act 2002, authorise you, the Commonwealth Director of Public Prosecutions, to apply for the registration of the attached order in [insert name of the Federal Court or the Supreme Court of a specified State].

Australia - International Criminal Court Act No. 41 2002 (2018) EN

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.

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.