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International War Crimes Tribunals Act 1995
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Attorney-General's Department
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C2018C00493 C16
09 December 2018
-
27 March 2026
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Part 1—Preliminary
1 Short title
2 Commencement
3 The objects of this Act
4 Definitions
5 Some Territories to be regarded as States
6 External Territories
6A Application of the Criminal Code
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Part 2—Requests by a Tribunal for assistance
7 Tribunal may request assistance
8 Form of requests
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Part 3—Surrender of persons to a Tribunal
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Division 1—Arrest of persons
9 Notice by Attorney General
10 Issue of warrants
11 Cancellation of warrants
12 Remand
13 Release from remand on the Attorney General’s direction
14 Release from remand after certain periods
15 Application for search warrants
Division 2—Surrender of persons
16 Surrender determination by Attorney General
17 Release from remand on refusal to surrender the person
18 Surrender warrants
19 Persons imprisoned under Australian law
20 Detention following surrender warrants
21 Content of surrender warrants
22 Execution of surrender warrants
23 Release from remand
24 Effect of surrender to Tribunal on person’s terms of imprisonment
25 Expiry of Australian sentences while under Tribunal detention
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Part 4—Other forms of assistance to a Tribunal
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Division 1AA—Providing law enforcement agency material
25A Authorising provision of material obtained by law enforcement agencies
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Division 1—Taking evidence etc.
26 Attorney General may authorise taking of evidence etc.
27 Taking of evidence
28 Producing documents or other articles
29 Legal representation
30 Form of certificates
31 Compellability of persons to attend etc.
32 Tribunal immunity certificates
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Division 1A—Requests for surveillance devices
32A Authorising applications for surveillance device warrants
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Division 1AB—Requests for access to data held in computers
32AA Authorising applications for computer access warrants
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Division 1B—Forensic procedures
32B Authorising application for carrying out of forensic procedures
32C Providing forensic evidence to the Tribunal
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Division 2—Search and seizure
33 Attorney General may authorise applications for search warrants
34 Applications for search warrants
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Division 2A—Stored communications
34A Authorising application for a stored communications warrant
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Division 2B—Prospective telecommunications data
34B Authorising an authorisation for the disclosure of prospective telecommunications data
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Division 3—Giving evidence at hearings, or assisting in investigations, in foreign countries
35 Persons giving evidence or assisting (other than prisoners)
36 Prisoners giving evidence or assisting
37 Undertakings relating to prisoners
38 Effect of removal to foreign country on prisoners’ terms of imprisonment
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Division 4—Custody of persons in transit
39 Transit
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Division 5—Service of process
40 Service of process
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Division 6—Identification, tracing, and freezing or seizure, of proceeds of Tribunal offences
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Subdivision A—Preliminary
40AA Application of Division
40AB Authorising applications under the Proceeds of Crime Act 2002
Subdivision B—Restraining orders
40AC Applying for and making restraining orders
40AD Excluding property from restraining orders
40AE When restraining order ceases to be in force
Subdivision C—Production orders relating to Tribunal offences
40AF Applying for and making production orders
40AG Retaining produced documents
Subdivision D—Notices to financial institutions
40AH Giving notices to financial institutions
40AI Contents of notices to financial institutions
40AJ Protection from suits etc. for those complying with notices
40AK Making false statements in applications
40AL Disclosing existence or nature of notice
40AM Failing to comply with a notice
Subdivision E—Monitoring orders relating to Tribunal offences
40AN Applying for and making monitoring orders
40AO Passing on information given under monitoring orders
Subdivision F—Search warrants relating to proceeds of crime and evidential material
40AP Applying for and issuing search warrants
40AQ Contents of POCA search warrants
40AR Seizure of certain property or things found in the course of search
40AS Return of seized property to third parties
40AT Dealing with certain seized property
40AU Dealing with evidential material and certain property or things seized under POCA search warrants
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Part 5—Sittings of a Tribunal in Australia
41 Tribunal sittings in Australia
42 Tribunal’s powers while sitting in Australia
43 Contravention of Tribunal orders etc.
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Part 6—Forfeiture of proceeds of Tribunal offences
44 Requests for enforcement of forfeiture orders
45 Registration of order
46 Effect of order
46A Effect on third parties of registration of forfeiture orders
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Part 7—Search, seizure and powers of arrest
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Division 1—Search warrants
47 When search warrants can be issued
48 Content of warrants
49 The things authorised by a search warrant in relation to premises
50 The things authorised by a search warrant in relation to a person
51 Restrictions on personal searches
52 Warrants may be issued by telephone etc.
53 Formalities relating to warrants issued by telephone etc.
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Division 2—Provisions relating to execution of search warrants
54 Availability of assistance and use of force in executing a warrant
55 Copy of warrant to be shown to occupier etc.
56 Specific powers available to officers executing warrants
57 Use of equipment to examine or process things
58 Use of electronic equipment at premises
59 Compensation for damage to electronic equipment
60 Copies of seized things to be provided
61 Occupier entitled to be present during search
62 Receipts for things seized under warrant
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Division 3—Stopping and searching conveyances
63 Searches without warrant in emergency situations
64 How a police officer exercises a power under section 63
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Division 4—Arrest and related matters
65 Power to enter premises to arrest person
66 Use of force in making arrest
67 Persons to be informed of grounds of arrest
68 Power to conduct a frisk search of an arrested person
69 Power to conduct an ordinary search of an arrested person
70 Power to conduct search of arrested person’s premises
71 Power to conduct an ordinary search or strip search
72 Rules for conduct of strip search
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Division 5—General
73 Conduct of ordinary searches and frisk searches
74 Announcement before entry
75 Offence for making false statements in warrants
76 Offences relating to telephone warrants
77 Retention of things seized
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Part 8—Miscellaneous
78 Arrest of persons escaping from custody
79 Arrest of person released on bail
80 Aiding persons to escape etc.
81 Legal assistance
82 Arrangements with States
83 Delegation
84 Act not to limit other provision of assistance
85 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
