Schedule 1—Amendment of the Criminal Code Act 1995

Chapter 8—Offences against humanity and related offences

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision J—Crimes against the administration of the justice of the International Criminal Court


268.110 Reprisals against witnesses

(1) A person commits an offence if the person causes or threatens to cause any detriment to another person who was a witness in a proceeding before the International Criminal Court:

(a) because of anything done by the other person in or for the purposes of the proceeding; and
(b) in the belief that the other person was a witness who had done that thing.

Penalty: Imprisonment for 5 years.

(2) It is a defence to a prosecution for an offence against subsection (1) that:

(a) the detriment to the witness was not (apart from this section) an offence; and
(b) the witness committed perjury in the proceeding before the International Criminal Court.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).

(3) In this section:
witness includes:

(a) a person who attends at a proceeding before the International Criminal Court as a witness but is not called as a witness; or
(b) an interpreter.

Part 2—General provisions relating to requests by the ICC for cooperation

13 Confidentiality of request
(2) If the ICC requests that particular information made available in connection with a request for cooperation be provided and handled in a manner that protects the safety, or physical or psychological well-being, of any victims, potential witnesses and their families, a person dealing with the request must ensure that the information is provided and handled in that manner.

Part I—Preliminary
8 Refusal of assistance
(2) A request by a foreign country for assistance under this Act may be refused if, in the opinion of the Attorney General:
(e) the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in or outside Australia); or

Section 10A Inclusion of persons in NWPP at the request of International Criminal Court

(1) If:


(a) the Minister receives a request from the International Criminal Court for the inclusion of a person (the nominated person) in the NWPP; and

(b) the Minister is satisfied that:

(i) the Court has provided all material that is necessary to support the request; and

(ii) it is appropriate to do so in all the circumstances; the Minister is to refer the request to the Commissioner.

(2) The Commissioner is to consider including the nominated person in the NWPP in the same way as the Commissioner would consider including another person in the NWPP.

(3) The Commissioner may, if he or she thinks it appropriate to do so, seek further information about the nominated person from the Court.

(4) If:

(a) the Commissioner decides that the nominated person is suitable for inclusion in the NWPP; and

(b) the Minister, after considering a report from the Commissioner recommending the inclusion of the person in the NWPP, has decided that it is appropriate in all the circumstances that the person be included in the NWPP; and

(c) the Commissioner has entered into an arrangement with the Court for the purpose of making services under the NWPP available to the Court; and

(d) if the person is not an Australian citizen—the nominated person has been granted a visa for entry to Australia;

the Commissioner is to include the nominated person in the NWPP.

(5)An arrangement referred to in paragraph (4)(c) must include procedures under which the Court pays the costs associated with providing protection for the nominated person and any associated persons, including:

(a) the costs of travel by those persons and the costs of associated travel by members; and

(b) any costs that will be incurred if protection and assistance under the NWPP to the nominated person is terminated; and

(c) such other costs as the Commissioner determines.

(6) In this section: International Criminal Court has the same meaning as in the International Criminal Court Act 2002.