International Criminal Court Act 2002
177Special rules in certain cases
Start here
Get a plain-English read of 177
Turn the raw legal text into a practical explanation grounded in International Criminal Court Act 2002.
177 Special rules in certain cases
(1) An ICC prisoner serving a sentence in Australia may: (a) be extradited to a foreign country in accordance with the Extradition Act 1988 either: (i) after the completion of, or release from, the sentence; or (ii) during the sentence, but only for a temporary period; or (b) be required to remain in Australia in order to serve a sentence that he or she is liable to serve under Australian law. (2) Despite subsection (1): (a) a person to whom paragraph (1)(a) applies may not, without the prior agreement of the ICC, be extradited to a foreign country; and (b) a person to whom paragraph (1)(b) applies may not, without the prior agreement of the ICC, be prosecuted or punished in Australia; for an offence constituted by an act or omission that occurred before the making of the relevant designation referred to in paragraph 162(1)(c). (3) Subsection (2) does not apply to a person who: (a) remains voluntarily in Australia for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or (b) voluntarily returns to Australia after having left it.