Part 4—Other requests by ICC

Division 9—Temporary transfer of prisoners to the ICC

75 Effect of removal to foreign country on prisoners’ terms of imprisonment
A person who is serving a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory, or is otherwise subject to detention under a law of the Commonwealth or of a Territory, is taken to continue to serve that sentence of imprisonment, or to continue to be subject to that detention, at any time during which the person:
(a) is released from a prison under section 74 pursuant to a request by the ICC; and
(b) is in custody in connection with the request (including custody outside Australia).

Part 9—Transportation of persons in custody through Australia

150 Transportation of persons in custody through Australia
(1) This Part applies to a person (the transportee) who:
(a) is being surrendered to the ICC by a foreign country under article 89 of the Statute; or
(b) has been sentenced to imprisonment by the ICC and is being transferred to or from the ICC, or between foreign countries, in connection with the sentence.
(2) Subject to this section, the Attorney-General must authorise the transportation of the transportee through Australia in the custody of a person specified by the Attorney-General if the ICC has, in accordance with section 8, made a request for the transportation that contains:
(a) a description of the transportee; and
(b) a brief statement of the facts of the case and their legal characterisation; and
(c) the warrant for the arrest and surrender of the transportee.
(3) The Attorney-General must not authorise the transportation through Australia of a person referred to in paragraph (1)(a) if the Attorney-General reasonably believes that the transportation through Australia would impede or delay the surrender of the person to the ICC.
(4) No authorisation is required for the transportation of the transportee through Australia by air if no landing of the aircraft is scheduled to take place in Australia.
(5) However, if an unscheduled landing of an aircraft carrying the transportee takes place in Australia, the following provisions have effect:
(a) a police officer may detain the transportee in custody for a period of 96 hours from the time of the landing;
(b) the Attorney-General must seek from the ICC a request for the transportation of the transportee through Australia;
(c) 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;
(d) 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.

Part V—Custody of persons in transit
29 Transit
(1) If a person is to be transported in custody from a foreign country through Australia to another foreign country for the purposes of:
(a) giving evidence in a proceeding; or
(b) giving assistance in relation to an investigation;
relating to a criminal matter in the other foreign country, the person:
(c) may be transported through Australia in the custody of another person; and
(d) if an aircraft or ship by which the person is being transported lands or calls at a place in Australia—shall be kept in such custody as the Attorney General directs in writing until his or her transportation is continued.
(2) Where a person who is being held in custody pursuant to a direction under paragraph (1)(d) and the person’s transportation is not, in the opinion of the Attorney General, continued within a reasonable time, the Attorney General may direct that the person be transported in custody to the foreign country from which the person was first transported .