{"id":"F2008L00247","name":"International Criminal Court Regulations 2008","slug":"international-criminal-court-regulations-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"7 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72475,"registerId":"commonwealth-F2008L00247-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the International Criminal Court Regulations 2008.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n  In these Regulations:\n\n> Act means the International Criminal Court Act 2002.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Statutory forms","content":"#### 4 Statutory forms\n\n  (1) A form mentioned in column 1 of the following table is the statutory form for the provision of the Act mentioned in column 2 and a purpose mentioned in column 3.\n\n| Form | Provision of Act  | Purpose                                                                  |\n| ---- | ----------------- | ------------------------------------------------------------------------ |\n| 1    | subsection 20(1)  | Notice of receipt of request for arrest and surrender                    |\n| 2    | subsection 20(3)  | Warrant for arrest                                                       |\n| 3    | subsection 20(3)  | Application for arrest warrant                                           |\n| 4    | subsection 21(1)  | Notice of receipt of request for provisional arrest                      |\n| 5    | subsection 21(2)  | Warrant for provisional arrest                                           |\n| 6    | subsection 21(2)  | Application for provisional arrest warrant                               |\n| 7    | subsection 25(1)  | Notice to order release from remand                                      |\n| 8    | subsection 28(2)  | Surrender warrant                                                        |\n| 9    | subsection 151(2) | Notice authorising application for registration of order for reparation  |\n| 10   | subsection 152(2) | Notice authorising application for registration of order imposing a fine |\n| 11   | subsection 155(2) | Notice authorising application for registration of forfeiture order      |\n\n  (2) In these Regulations, a reference to a form by number is a reference to the form bearing that number in Schedule 1.","sortOrder":2},{"sectionNumber":"Form 1—Notice of receipt of request for ","sectionType":"part","heading":"Form 1—Notice of receipt of request for arrest and surrender","content":"## Form 1—Notice of receipt of request for arrest and surrender\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nNotice under subsection 20(1) of receipt of request for arrest and surrender by the International Criminal Court\n\nTo a magistrate:\n\nI, , Attorney‑General of the Commonwealth of Australia, under subsection 20(1) of the International Criminal Court Act 2002 (the Act), state that I have:\n\n(a) received a request for the arrest and surrender of \\[insert name of person\\] from the International Criminal Court; and\n\n(b) signed a certificate under section 22 of the Act that it is appropriate for me to issue this notice.\n\nDivision 2 of Part 3 of the Act has been complied with in respect of the request.\n\nA copy of \\[the warrant of arrest\\*\\] \\[and\\*\\] \\[judgment of conviction\\*\\] issued by the International Criminal Court is attached to this notice.\n\nDated\n\nAttorney‑General\n\n\\* insert as the case requires","sortOrder":3},{"sectionNumber":"Form 2—Warrant for arrest","sectionType":"part","heading":"Form 2—Warrant for arrest","content":"## Form 2—Warrant for arrest\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nWarrant for arrest under subsection 20(3)\n\nTo all police officers within the meaning of the International Criminal Court Act 2002 (the Act):\n\nBecause:\n\n(a) the Attorney‑General of the Commonwealth of Australia has given a notice under subsection 20(1) of the Act stating that a request has been received from the International Criminal Court for the arrest and surrender of \\[insert name of person\\]; and\n\n(b) an application has been made on behalf of the International Criminal Court under subsection 20(3) of the Act for issue of a warrant according to the notice;\n\nI, \\[insert name and designation of magistrate\\], under subsection 20(3) 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.\n\nDated\n\n..........................................................\n\n\\[Signature and designation of magistrate issuing warrant\\]\n\n\\* delete as the case requires","sortOrder":4},{"sectionNumber":"Form 3—Application for arrest warrant","sectionType":"part","heading":"Form 3—Application for arrest warrant","content":"## Form 3—Application for arrest warrant\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nApplication under subsection 20(3) for arrest warrant\n\nTo a magistrate:\n\nI, \\[insert name of applicant and the capacity in which application is made\\], apply under subsection 20(3) 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 20(1) of the Act, for the arrest and surrender of \\[insert name of person\\].\n\nDated\n\n.........................................................\n\n\\[Signature of the applicant and the capacity in which application is made\\]","sortOrder":5},{"sectionNumber":"Form 4—Notice of receipt of request for ","sectionType":"part","heading":"Form 4—Notice of receipt of request for provisional arrest","content":"## Form 4—Notice of receipt of request for provisional arrest\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nNotice under subsection 21(1) of receipt of request for provisional arrest by the International Criminal Court\n\nTo a magistrate:\n\nI, , Attorney‑General of the Commonwealth of Australia, under subsection 21(1) of the International Criminal Court Act 2002 (the Act), state that I have:\n\n(a) received a request for the provisional arrest of \\[insert name of person\\] from the International Criminal Court; and\n\n(b) signed a certificate under section 22 of the Act that it is appropriate for me to issue this notice.\n\nDivision 2 of Part 3 of the Act has been complied with in respect of the request.\n\nDated\n\nAttorney‑General","sortOrder":6},{"sectionNumber":"Form 5—Warrant for provisional arrest","sectionType":"part","heading":"Form 5—Warrant for provisional arrest","content":"## Form 5—Warrant for provisional arrest\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nWarrant for provisional arrest under subsection 21(2)\n\nTo all police officers within the meaning of the International Criminal Court Act 2002 (the Act):\n\nBecause:\n\n(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\n\n(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;\n\nI, \\[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.\n\nDated\n\n..........................................................\n\n\\[Signature and designation of magistrate issuing warrant\\]\n\n\\* delete as the case requires","sortOrder":7},{"sectionNumber":"Form 6—Application for provisional arres","sectionType":"part","heading":"Form 6—Application for provisional arrest warrant","content":"## Form 6—Application for provisional arrest warrant\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nApplication under subsection 21(2) for provisional arrest warrant\n\nTo a magistrate:\n\nI, \\[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\\].\n\nDated\n\n.........................................................\n\n\\[Signature of the applicant and the capacity in which application is made\\]","sortOrder":8},{"sectionNumber":"Form 7—Notice to order release from rema","sectionType":"part","heading":"Form 7—Notice to order release from remand","content":"## Form 7—Notice to order release from remand\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nNotice under subsection 25(1) to order release from remand\n\nTo a magistrate:\n\n\\*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;\n\n\\*Because I consider that the remand of \\[insert name of person\\] should cease;\n\nI, , 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)\\].\n\nDated\n\nAttorney‑General\n\n\\* delete as the case requires","sortOrder":9},{"sectionNumber":"Form 8—Surrender warrant","sectionType":"part","heading":"Form 8—Surrender warrant","content":"## Form 8—Surrender warrant\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nSurrender warrant under subsection 28(2)\n\nTo the person in whose custody \\[insert name of person\\] is held\n\nAnd to all police officers within the meaning of the International Criminal Court Act 2002 (the Act)\n\nAnd to \\[insert name of officer of the International Criminal Court or other person authorised by the Court\\], (the escort):\n\nHaving:\n\n(a)\\* reached agreement with the International Criminal Court on conditions for the issue of a temporary surrender warrant; and\n\n(b) received a request for surrender of \\[insert name of person\\]; and\n\n(c) signed a certificate under section 29 of the Act that it is appropriate to issue a warrant for \\[his/her\\*\\] surrender;\n\n    I, , Attorney‑General of the Commonwealth of Australia, under section 28 of the Act:\n\n(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\n\n(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\n\n(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\\*\\].\n\n\\*This surrender warrant has a temporary operation in accordance with the conditions set out in the Schedule.\n\n\\*This surrender warrant takes effect when \\[insert name of person\\] ceases to be liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against Australian law.\n\nDated\n\nAttorney‑General\n\n\\* delete as the case requires\n\n\\*Schedule\n\n\\[Set out the conditions on which the temporary surrender warrant is issued\\]","sortOrder":10},{"sectionNumber":"Form 9—Notice authorising application fo","sectionType":"part","heading":"Form 9—Notice authorising application for registration of order for reparation","content":"## Form 9—Notice authorising application for registration of order for reparation\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nAuthorisation under subsection 151(2) to apply for registration of an order for reparation\n\nTo the Commonwealth Director of Public Prosecutions:\n\nBecause:\n\n(a) the International Criminal Court has:\n\n(i) made an order under article 75 of the Statute of the International Criminal Court requiring reparation by \\[insert name of person\\]; and\n\n(ii) requested that the order be enforced as if article 109 of the Statute were applicable; and\n\n(b) neither the conviction in respect of which the order was made nor the order requiring reparation is subject to appeal or further appeal in the Court;\n\nI, , Attorney‑General of the Commonwealth of Australia, under subsection 151(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 the name of the Federal Court or the Supreme Court of a specified State\\].\n\nDated\n\nAttorney‑General","sortOrder":11},{"sectionNumber":"Form 10—Notice authorising application f","sectionType":"part","heading":"Form 10—Notice authorising application for registration of order imposing a fine","content":"## Form 10—Notice authorising application for registration of order imposing a fine\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nAuthorisation under subsection 152(2) to apply for registration of an order imposing a fine\n\nTo the Commonwealth Director of Public Prosecutions:\n\nBecause:\n\n(a) the International Criminal Court has:\n\n(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\n\n(ii) requested that the order be enforced according to article 109 of the Statute; and\n\n(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;\n\nI, , 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\\].\n\nDated\n\nAttorney‑General","sortOrder":12},{"sectionNumber":"Form 11—Notice authorising application f","sectionType":"part","heading":"Form 11—Notice authorising application for registration of forfeiture order","content":"## Form 11—Notice authorising application for registration of forfeiture order\n\nCommonwealth of Australia\n\nInternational Criminal Court Act 2002\n\nAuthorisation under subsection 155(2) to apply for registration of a forfeiture order\n\nTo \\[insert proceeds of crime authority\\]:\n\nBecause:\n\n(a) the International Criminal Court has requested me to make arrangements for the enforcement of a forfeiture order made in relation to property that is reasonably suspected of being in Australia; and\n\n(b) I am satisfied that:\n\n(i) \\[insert name of person\\] has been convicted by the International Criminal Court of the crime within the jurisdiction of the Court to which the order relates; and\n\n(ii) the conviction and the order are not subject to appeal or further appeal in the Court;\n\nI, , Attorney‑General of the Commonwealth of Australia, under subsection 155(2) of the International Criminal Court Act 2002, authorise you, \\[insert proceeds of crime authority\\], to apply for the registration of the attached order.\n\nDated\n\nAttorney‑General","sortOrder":13}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These Regulations stick to a narrow, implementation role: prescribing the precise statutory forms referenced in the International Criminal Court Act 2002. They do not expand substantive powers, create new obligations beyond those in the Act, or materially change the Act’s scope. In short, they implement procedural detail rather than altering the original legislative purpose."},"complexity_factors":["Very short regulations (one defined term and a forms table) — primarily Schedule 1 forms.","Only 1 defined term in the regulations ('Act' meaning the International Criminal Court Act 2002).","11 statutory forms prescribed (Forms 1–11) with straightforward, template language.","Cross‑references to several subsections of the International Criminal Court Act 2002 (Regulation 4 maps forms to Act provisions).","Some conditional language and optional insertions within forms (e.g. 'insert as the case requires', 'delete as the case requires'), but no nested legal exceptions or complex conditional logic.","Procedural attachments and certificates required by forms (e.g. attached ICC warrant/conviction) — practical complexity rather than legal complexity."],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- These Regulations prescribe the exact, official forms to be used when Australia deals with requests from the International Criminal Court (ICC) under the International Criminal Court Act 2002. (Regulation 4 and Schedule 1.)\n\n- They do not create new offences or powers. They set out the wording and required content for notices, warrants, applications and authorisations that the Attorney‑General, magistrates, police, the Commonwealth Director of Public Prosecutions (CDPP) and a proceeds‑of‑crime authority must use when cooperating with the ICC.\n\nWhich forms are included (high level)\n\n- Notices of receipt of ICC requests (for arrest and for provisional arrest).\n- Magistrates’ warrants for arrest and provisional arrest, and the applications that lead to those warrants.\n- Notice to order release from remand when provisional‑arrest time limits expire.\n- Surrender warrants that authorise transfer of a person to ICC custody (including temporary surrender conditions).\n- Authorising notices from the Attorney‑General to the CDPP to apply to Australian courts to register and enforce ICC orders for reparation, fines, or forfeiture.\n\nWho it affects and who decides\n\n- The Attorney‑General: issues the statutory notices and certificates required by the Act and signs the authorisations that appear in the forms (see Forms 1, 4, 7, 8, 9–11).\n- Magistrates: may issue arrest and provisional‑arrest warrants and are the judicial officers before whom arrested persons must be brought (Forms 2, 5, 3, 6).\n- Police: authorised to arrest, transport and, if necessary, detain people under the warrants (Forms 2, 5, 8).\n- Commonwealth Director of Public Prosecutions (CDPP): authorised by the Attorney‑General to apply for registration of ICC orders for reparation or fines in an Australian court (Forms 9–10).\n- Proceeds‑of‑crime authority: authorised to apply to register ICC forfeiture orders (Form 11).\n\nWhy it matters (official purpose and practical effects)\n\n- Official purpose (as stated by the instrument): to provide a standard, legally recognised set of forms that implement the procedural steps in the International Criminal Court Act 2002 when Australia cooperates with the ICC.\n\n- Practical effects:\n  - Standardises paperwork and reduces uncertainty about what language and certificates are required when the Attorney‑General, courts and enforcement agencies act under the Act. This lowers transaction costs and helps ensure compliance with the Act’s procedural requirements (Regulation 4; Forms 1–11).\n  - Concentrates the decision points: the Attorney‑General controls the triggers for judicial action (issuing notices and authorisations); magistrates exercise the limited judicial function of issuing warrants; police and correctional custodians implement the physical arrests, custody transfers and transport authorised by the forms.\n\nCosts, incentives and trade‑offs (tested against the purpose)\n\n- Administrative costs: government agencies (Attorney‑General’s Department, courts, police, CDPP, proceeds‑of‑crime authority) must prepare, file and maintain the prescribed forms and attachments. That is a predictable but recurring compliance cost tied to ICC cooperation.\n\n- Speed vs. oversight: the prescribed forms require specific certificates and, in some cases, attached ICC documents (e.g. warrant of arrest, conviction) (see Forms 1, 8). That supports judicial oversight but can slow down operational responses if documents are delayed or need translation.\n\n- Legal clarity vs. flexibility: standard wording reduces ambiguity for magistrates and police, but leaves little room for alternative procedural wording — the forms contain optional clauses and deletions (\n  \"insert as the case requires\", \"delete as the case requires\") to allow limited flexibility.\n\n- Impact on private parties and markets: direct effects fall on individuals who are the subject of ICC requests. Broader market impacts are minimal; indirect impacts could appear for private providers used in transport/escort or legal representation but are incidental.\n\nImplementation and compliance risks\n\n- Low to moderate implementation risk: the regulations are procedural and detailed; main risks are administrative (missing attachments, improper certificate signing) that could cause legal delays or challenge.\n\nConcentrated benefits and diffuse costs\n\n- Concentrated benefits accrue to the ICC (and to Australian authorities seeking a predictable procedure) because the forms make cooperation administratively easier. Costs are spread across justice agencies (administration, court time, police resources).\n\nNet behavioural changes required\n\n- Attorney‑General: must sign specified certificates and notices before magistrates can issue warrants or the CDPP/proceeds authority can apply to register ICC orders.\n- Magistrates and police: will act when the prescribed forms are presented and will carry out arrests, provisional detention and transfers in accordance with the forms’ authorisations.\n\nKey legal mechanics and cross‑references\n\n- The Regulations do not alter the substantive content of the International Criminal Court Act 2002; they implement it by prescribing the statutory forms referenced in specific subsections of the Act (the table in Regulation 4 maps Form numbers to Act subsections).\n\nUseful quick reference (where to look)\n\n- Regulation 4 lists which Act provisions each form implements and states that the numbered forms are in Schedule 1 (the forms reproduced in the instrument)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing administrative forms to operationalise the International Criminal Court Act 2002. There is no evidence of scope creep; the instrument does exactly what its enabling Act anticipated – creating statutory forms for ICC cooperation procedures."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","No cross-references between provisions – each form stands alone","No conditional logic or exceptions within the regulatory text itself","Straightforward tabular structure mapping forms to statutory provisions","Forms are templates with blank fields rather than substantive legal rules","Total length is short – approximately 11 pages of mostly repetitive form language","No nested definitions or recursive references"],"plain_english_summary":"These regulations establish 11 standard forms for Australia’s cooperation with the International Criminal Court, covering arrest, provisional detention, transfer to the ICC, release orders, and enforcement of fines, reparations and forfeiture. \n\nThey prescribe how the Attorney‑General, magistrates, police, the CDPP and proceeds‑of‑crime authorities must act when the ICC makes requests, ensuring Australian assistance is consistent, lawful and operationally clear for anyone subject to ICC measures."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/international-criminal-court-regulations-2008","history":"/api/acts/international-criminal-court-regulations-2008/history","analysis":"/api/acts/international-criminal-court-regulations-2008/analysis","conflicts":"/api/acts/international-criminal-court-regulations-2008/conflicts","importantCases":"/api/acts/international-criminal-court-regulations-2008/important-cases","documents":"/api/acts/international-criminal-court-regulations-2008/documents"}}