Form 4—Notice of receipt of request for provisional arrest

Commonwealth of Australia

International Criminal Court Act 2002

Notice under subsection 21(1) of receipt of request for provisional arrest by the International Criminal Court

To a magistrate:

I, , Attorney General of the Commonwealth of Australia, under subsection 21(1) of the International Criminal Court Act 2002 (the Act), state that I have:
(a) received a request for the provisional arrest of [insert name of person] from the International Criminal Court; and
(b) signed a certificate under section 22 of the Act that it is appropriate for me to issue this notice.
Division 2 of Part 3 of the Act has been complied with in respect of the request.

Form 5—Warrant for provisional arrest

Commonwealth of Australia

International Criminal Court Act 2002

Warrant for provisional arrest under subsection 21(2)

To all police officers within the meaning of the International Criminal Court Act 2002 (the Act):

Because:
(a) the Attorney General of the Commonwealth of Australia has given a notice under subsection 21(1) of the Act stating that a request has been received from the International Criminal Court for the provisional arrest of [insert name of person]; and
(b) an application has been made on behalf of the International Criminal Court under subsection 21(2) of the Act for issue of a warrant according to the notice;
I, [insert name and designation of magistrate], under subsection 21(2) of the Act, authorise you to arrest [insert name of person] and to bring [him/her*], as soon as practicable, before a magistrate in the State or Territory in which [he/she*] is arrested to be dealt with according to law.

Form 6—Application for provisional arrest warrant

Commonwealth of Australia

International Criminal Court Act 2002

Application under subsection 21(2) for provisional arrest warrant

To a magistrate:

I, [insert name of applicant and the capacity in which application is made], apply under subsection 21(2) of the International Criminal Court Act 2002 (the Act) on behalf of the International Criminal Court for issue of a warrant, according to a notice under subsection 21(1) of the Act, for the provisional arrest of [insert name of person].

Form 7—Notice to order release from remand

Commonwealth of Australia

International Criminal Court Act 2002

Notice under subsection 25(1) to order release from remand

To a magistrate:

*Because a request for surrender of [insert name of person] has not been received within 60 days after the day on which [he/she*] was provisionally arrested and [he/she*] does not consent to surrender;

*Because I consider that the remand of [insert name of person] should cease;

I, , Attorney General of the Commonwealth of Australia, under subsection 25(1) of the International Criminal Court Act 2002, direct you to order the [*release of (insert name of person) from custody/*discharge of the recognisances on which bail was granted to (insert name of person)].

Form 8—Surrender warrant

Commonwealth of Australia

International Criminal Court Act 2002

Surrender warrant under subsection 28(2)

To the person in whose custody [insert name of person] is held

And to all police officers within the meaning of the International Criminal Court Act 2002 (the Act)

And to [insert name of officer of the International Criminal Court or other person authorised by the Court], (the escort):

Having:
(a)* reached agreement with the International Criminal Court on conditions for the issue of a temporary surrender warrant; and
(b) received a request for surrender of [insert name of person]; and
(c) signed a certificate under section 29 of the Act that it is appropriate to issue a warrant for [his/her*] surrender;
I, , Attorney General of the Commonwealth of Australia, under section 28 of the Act:
(d) require the person in whose custody [insert name of person in custody] is held, to release [him/her*] into the custody of a police officer; and
(e) authorise the police officer to transport [insert name of person] in custody, and if necessary or convenient, to detain [him/her*] in custody, for the purpose of enabling [him/her*] to be placed in the custody of the escort and transported to the place specified by the International Criminal Court; and
(f) authorise the escort to transport [insert name of person] in custody to [insert the name of the place specified by the International Criminal Court] for the purpose of surrendering [him/her*] to a person appointed by the International Criminal Court to receive [him/her*].

Part 3—Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons

21 Arrest following request for provisional arrest
(1) Subject to section 22, if:
(a) the Attorney-General receives a request for provisional arrest of a person; and
(b) Division 2 has been complied with in respect of the request; the Attorney-General may, by written notice in the statutory form expressed to be directed to any magistrate, state that the request has been received.
(2) If the Attorney-General issues such a notice, a magistrate must issue a warrant, by writing in the statutory form, for the person’s arrest if an application is made, in the statutory form, on behalf of the ICC, for issue of a warrant pursuant to the notice.
(3) After the warrant has been issued, the magistrate must without delay send to the Attorney-General a report stating that the magistrate has issued the warrant.