International War Crimes Tribunals Regulations 1995
In ForceCTH
Jurisdiction
Commonwealth
Act Number
250 of 1995
Collection
legislative instrument
Plain English Summary
4/10 complexity
These Regulations prescribe the procedural forms and steps for carrying out the International War Crimes Tribunals Act 1995: they set the templates for notices, arrest/search/surrender warrants, authorisations and summonses and specify how magistrates, police and the Attorney‑General must act to execute them (regs 4–6, 15–18). Who decides and who pays: the Attorney‑General issues key notices and authorisations; magistrates issue warrants and summonses; police execute warrants; witnesses must attend and produce material and their fees are payable by the person who requested the summons (reg 8(1),(3)).
The International War Crimes Tribunals Regulations 1995 represent the administrative and procedural machinery that operationalises the International War Crimes Tribunals Act 1995 (the Act). Without these regulations, the cooperative framework between the Commonwealth of Australia and international war crimes tribunals would lack the standardised legal instruments required to execute coercive state actions within Australian territory. Mechanically, the regulations prescribe the exact visual and textual templates, known as the statutory forms, that must be utilised by the executive (primarily the Attorney-General), judicial officers (magistrates), and law enforcement (police officers) to arrest individuals, execute search warrants, secure evidence, take witness testimony, and ultimately surrender persons to international tribunals.
Under regulation 4, a specific set of statutory forms is established to govern high-level executive and judicial interactions. These include formal notices under subsection 9(1) of the Act (Form 1), applications for arrest warrants (Forms 2 and 4), the physical arrest warrants themselves (Forms 3 and 5), cancellation notices (Form 6), remand release orders (Forms 7 and 10), surrender warrants (Form 11), and authorisations to take evidence or produce documents under subsection 26(2) of the Act (Form 12).
Under regulation 5, another category of forms is set out to handle operational, field-level enforcement activities. These include search warrant applications and warrants for both premises and persons under sections 15, 33, 34, and 47 of the Act (Forms 8, 9, 13, 14, 15, 16, and 17), applications to extend the time limits for securing electronic equipment under subsection 58(7) of the Act (Form 18), and warrants to return escaped persons to custody under subsection 78(3) of the Act (Form 19).
Current sections
Direct links to the current provisions in International War Crimes Tribunals Regulations 1995.
29
1
Name of Regulations
1 Name of Regulations
These Regulations are the International War Crimes Tribunals Regulations 1995.
3
Interpretation
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
Act means the International War Crimes Tribunals Act 1995.
(2) In these Regulations, a reference to a form by number is a reference to the form bearing that number in the Schedule.
Note: Section 25C of the Acts Interpretation Act 1901 provides that strict compliance with a form is not required and substantial compliance is sufficient.
4
Statutory forms
4 Statutory forms
For the purposes of a provision of the Act specified in column 2 of an item in the following table, the statutory form mentioned in that provision is set out in the form specified in column 3 of the item:
Column 1Item
Column 2Provision of the Act and description of form
Column 3Form
1
subsection 9 (1)notice
1
2
subsection 10 (1)application for warrant for arrest
2
3
subsection 10 (1)warrant for arrest
3
4
paragraph 10 (2) (a)application for warrant for arrest
4
5
subsection 10 (2)warrant for arrest
5
6
section 11notice
6
7
section 13notice
7
8
section 17notice
10
9
subsection 18 (2)surrender warrant
11
10
subsection 26 (2)notice
12
5
Other forms
5 Other forms
An application or authorisation, or a warrant, of a kind specified in column 2 of an item in the following table that is mentioned in a provision of the Act specified in that column of the item must be made or given, as each case requires, in the form specified in column 3 of the item:
Column 1Item
Column 2Provision of the Act and description of form
Column 3Form
1
subsection 15 (1)application for warrant to search premises
8
2
subsection 15 (2)application for warrant to search person
9
3
subsection 33 (1)authorisation to apply for search warrant
13
4
subsection 34 (1)application for warrant to search premises
14
5
subsection 34 (2)application for warrant to search person
15
6
subsection 47 (1)warrant to search premises
16
7
subsection 47 (2)warrant to search person
17
8
subsection 58 (7)application to extend period
18
9
subsection 78 (3)warrant for return to custody
19
6
Power of magistrates to send for witnesses and documents
6 Power of magistrates to send for witnesses and documents
(1) A magistrate who performs a function under the Act may issue a summons in accordance with Form 20 that requires the person named in the summons:
(a) to attend as a witness before a magistrate in connection with the performance by the magistrate of a function under the Act; and
(b) to give evidence, answer questions and produce to a magistrate such documents and other articles in the person’s custody or control as are referred to in the summons.
(2) Service on a person of a summons:
(a) may be effected in any State or Territory; and
(b) must be effected by:
(i) showing the summons to the person; and
(ii) personal delivery of a copy of the summons to the person.
7
Duty of witness to attend
7 Duty of witness to attend
A person summoned as a witness must attend at the place and time, and on the date, specified in the summons unless excused, or until released, from attending by a magistrate.
8
Witness fees and allowances
8 Witness fees and allowances
(1) A person who attends as a witness before a magistrate in a State or Territory in accordance with a summons is entitled to be paid:
(a) fees and allowances as if the person were attending a court of summary jurisdiction in the State or Territory to give evidence before the court as a witness; or
(b) in special circumstances, such fees and allowances as the magistrate directs.
(2) Fees and allowances are payable to a witness under subregulation (1) subject to the deduction of any amount previously paid to the witness for the expenses that he or she has incurred to attend before a magistrate as a witness.
(3) Fees and allowances are payable by the person at whose request the witness was summoned.
9
Power to examine on oath or affirmation
9 Power to examine on oath or affirmation
A magistrate may:
(a) administer an oath to a person appearing as a witness before the magistrate; and
(b) examine the witness on oath.
Note: Under section 2B of the Acts Interpretation Act 1901, oath includes affirmation, declaration and promise.
10
Protection in relation to functions under the Act
10 Protection in relation to functions under the Act
(1) A magistrate who performs a function under the Act in a State or Territory has the same protection and immunity as a Judge of the Supreme Court of the State or Territory has in the performance of his or her duty as a Judge of the Supreme Court.
(2) A legal practitioner appearing before a magistrate in a State or Territory in connection with the performance by the magistrate of a function under the Act has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court of the State or Territory.
(3) If a person who is not represented by a legal practitioner appears before a magistrate in a State or Territory in connection with the performance by the magistrate of a function under the Act, the person has the same protection and immunity as a party to proceedings in the Supreme Court of the State or Territory has when appearing before that Court when not so represented.
(4) A witness summoned to attend or appearing before a magistrate who performs a function under the Act in a State or Territory has the same protection and immunity as a witness in proceedings in the Supreme Court of the State or Territory.
Form 1
Form 1
Form 1
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
NOTICE UNDER SUBSECTION 9 (1) IN RELATION TO RECEIPT OF A SURRENDER REQUEST BY (INSERT NAME OF INTERNATIONAL WAR CRIMES TRIBUNAL)
TO a magistrate within the meaning of the International War Crimes Tribunals Act 1995 before whom the person named in this notice is brought:
On the basis of:
(a) a request made in accordance with subsection 8 (1) of the International War Crimes Tribunals Act 1995, by (insert name of the International War Crimes Tribunal) in relation to the surrender of (insert name of person); and
(b) *[an arrest warrant issued by the Tribunal in relation to that person]*[a copy of an arrest warrant authenticated by the Tribunal in relation to that person] accompanying the request;
I, ............................................................................. , Attorney‑General of the Commonwealth of Australia:
(c) enclose with this notice a copy of the arrest warrant issued by the Tribunal; and
(d) under subsection 9 (1) of the International War Crimes Tribunals Act 1995, state that a request from the Tribunal in relation to the surrender of (insert name of person) has been received.
Dated .
Attorney‑General
*Omit if inapplicable.
Form 2
Form 2
Form 2
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
APPLICATION UNDER SUBSECTION 10 (1) FOR ARREST WARRANT
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name of applicant), (insert capacity in which application is made), apply under subsection 10 (1) of the International War Crimes Tribunals Act 1995 on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant, pursuant to a notice under section 9 of that Act, for the arrest of (insert name of person).
(Signature of the applicant and the capacity in which the application is made)
Form 3
Form 3
Form 3
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
WARRANT FOR ARREST UNDER SUBSECTION 10 (1)
TO all police officers within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) a notice from the Attorney‑General of the Commonwealth of Australia under subsection 9 (1) of the International War Crimes Tribunals Act 1995 stating that a request has been received from (insert name of International War Crimes Tribunal) for the surrender of (insert name of person); and
(b) an application made on behalf of the Tribunal for issue of a warrant pursuant to the notice for the arrest of that person;
I, (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995, authorise you under subsection 10 (1) of that Act 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.
(Signature and designation of magistrate issuing warrant)
*Omit if inapplicable.
Form 4
Form 4
Form 4
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
APPLICATION UNDER SUBSECTION 10 (2) FOR ARREST WARRANT
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name of applicant), (insert capacity in which application is made), apply under subsection 10 (2) of the International War Crimes Tribunals Act 1995 on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant, otherwise than pursuant to a notice under section 9 of that Act, for the arrest of (insert name of person).
Because of the following circumstances of urgency, it is necessary to issue a warrant before receiving a notice from the Attorney‑General under that section (insert statement of the urgent circumstances).
Attached to this application is a copy of the arrest warrant issued by the Tribunal in relation to that person.
(Signature of the applicant and the capacity in which the application is made)
Form 5
Form 5
Form 5
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
WARRANT FOR ARREST UNDER SUBSECTION 10 (2)
TO all police officers within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) an application made on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant for the arrest of (insert name of person); and
(b) a statement in the application of circumstances of urgency that require the issue of the warrant before receipt of a notice under section 9 of that Act;
I, (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995, authorise you under subsection 10 (2) of that Act 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.
(Signature and designation of magistrate issuing warrant)
*Omit if inapplicable.
Form 6
Form 6
Form 6
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
NOTICE UNDER SECTION 11 DIRECTING MAGISTRATE TO CANCEL ARREST WARRANT
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) my having become aware of the issue of a warrant by a magistrate under section 10 of the International War Crimes Tribunals Act 1995 for the arrest of (insert name of person); and
(b) that person not having been arrested under that warrant; and
*(c) my being satisfied that a request will not be received from (insert name of International War Crimes Tribunal) that would oblige me to issue a notice under section 9 of that Act;
*(c) my considering that the warrant should be cancelled;
I, .................................................................................. , Attorney‑General of the Commonwealth of Australia, direct you under section 11 of the International War Crimes Tribunals Act 1995 to cancel the warrant.
Dated .
Attorney‑General
*Omit if inapplicable.
Form 7
Form 7
Form 7
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
NOTICE UNDER SECTION 13 TO ORDER RELEASE FROM REMAND
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) my having become aware that (insert name of person), a person arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995 has been remanded *[in custody]*[on bail] by a magistrate under section 12 of the Act; and
*(b) my being satisfied that a request will not be received from (insert name of International War Crimes Tribunal) that would oblige me to issue a notice under section 9 of that Act;
*(b) my considering that the remand should cease;
I, ............................................................................ , Attorney‑General of the Commonwealth of Australia, direct you under section 13 of the International War Crimes Tribunals Act 1995 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)].
Dated .
Attorney‑General
*Omit if inapplicable.
Form 8
Form 8
Form 8
(regulation 5)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
APPLICATION UNDER SUBSECTION 15 (1) FOR WARRANT TO SEARCH PREMISES
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:
(a) being aware that (insert name of person) has been arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995; and
(b) having reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] premises, being (insert address or description of premises);
by information on *[oath]*[affirmation]:
(c) set out under subsection 15 (1) of that Act the following grounds for that suspicion:
(insert statement of grounds for suspicion); and
*(d) set out under subsection 47 (4) of the Act the following grounds for suspecting that use of firearms will be necessary to execute the warrant:
(insert statement of grounds for suspicion); and
*(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to these premises the particulars, including the outcome of any application, of which are as follows:
(insert particulars of any previous application and its outcome); and
(f) apply for the issue of a warrant under subsection 15 (1) of the Act to search the premises for the following evidential material:
(insert description of the kinds of evidential material to which this application relates).
APPLICATION UNDER SUBSECTION 15 (2) FOR WARRANT TO SEARCH PERSON
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:
(a) being aware that (insert name of person) has been arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995; and
(b) having reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, in the possession of (insert name of person);
by information on *[oath]*[affirmation]:
(c) set out under subsection 15 (2) of that Act the following grounds for that suspicion:
(insert statement of grounds for suspicion); and
*(d) set out under subsection 47 (4) of the Act the following grounds for suspecting that use of firearms will be necessary to execute the warrant:
(insert statement of grounds for suspicion); and
*(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to this person the particulars, including the outcome of any application, of which are as follows:
(insert particulars of any previous application and its outcome); and
(f) apply for the issue of a warrant under subsection 15 (2) of the International War Crimes Tribunals Act 1995, to search (insert name of person) for the following evidential material:
(insert description of the kinds of evidential material to which this application relates).
DIRECTION UNDER SECTION 17 TO ORDER RELEASE FROM REMAND
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
Having determined not to surrender (insert name of person) to (insert name of International War Crimes Tribunal), I, ....................................................... , Attorney‑General of the Commonwealth of Australia, direct you under section 17 of the International War Crimes Tribunals Act 1995 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)].
Dated .
Attorney‑General
*Omit if inapplicable.
Form 11
Form 11
Form 11
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
SURRENDER WARRANT UNDER SECTION 18
TO the person in whose custody (insert name of person) is held
AND TO all police officers within the meaning of the International War Crimes Tribunals Act 1995
AND TO (insert name of escort), *[an officer of (insert name of International War Crimes Tribunal)]*[a person authorised by the (insert name of International War Crimes Tribunal) for the purposes of this warrant] (in this warrant called the escort):
On the basis of:
(a) a request by (insert name of International War Crimes Tribunal) for the surrender of (insert name of person to be surrendered), a person remanded under section 12 of the International War Crimes Tribunals Act 1995, to the Tribunal in relation to (insert Tribunal offence); and
(b) *[having considered documents provided to me by (insert name of person to be surrendered)]*[not having been provided with any documents by (insert name of person to be surrendered)] after a reasonable opportunity]; and
(c) being satisfied that there are no special circumstances that justify refusing the request and having determined under section 16 of the Act that (insert name of person to be surrendered) is to be surrendered to the Tribunal; and
(d) acting under section 18 of the Act *[and being satisfied that the Tribunal has, in relation to (insert name of person to be surrendered), who is imprisoned for an offence against, or subject to detention under, an Australian law, given adequate undertakings in relation to the person’s custody and return];
I, ........................................................................... , Attorney‑General of the Commonwealth of Australia, authorise the surrender of (insert name of person to be surrendered) to the Tribunal in accordance with the following provisions:
(e) the person in whose custody (insert name of person to be surrendered) is held is required to release *[him]*[her] into the custody of a police officer;
(f) the police officer into whose custody (insert name of person to be surrendered) is released is authorised to transport *[him]*[her] in custody, and, if necessary or convenient, to detain *[him]*[her] in custody to enable *[him]*[her]:
(i) to be placed in the custody of the escort and
(ii) to be transported to a place specified by the Tribunal (which may be a place within or outside Australia†);
(g) the escort is authorised to transport (insert name of person to be surrendered) in custody to a place specified by the Tribunal for the purpose of surrendering *[him]*[her] to a person appointed by the Tribunal to receive *[him]*[her].
Dated .
Attorney‑General
*Omit if inapplicable.
†see subsection 21 (2) of the Act
Form 12
Form 12
Form 12
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
AUTHORISATION TO TAKE EVIDENCE OR PRODUCE DOCUMENTS OR OTHER ARTICLES UNDER SUBSECTION 26 (2)
On the basis of a request made by (insert name of International War Crimes Tribunal) under the International War Crimes Tribunals Act 1995 that *[evidence as set out in the Schedule be taken in Australia]*[and]*[documents or other articles in Australia as described in the Schedule be produced] for the purposes of a proceeding before, or an investigation conducted by, the Tribunal;
I, ..................................................................................... , Attorney‑General of the Commonwealth of Australia, under subsection 26 (2) of the International War Crimes Tribunals Act 1995, authorise:
(a) *[the taking of the evidence]*[and]*[the production of the documents or other articles]; and
(b) the transmission of the *[evidence]*[and]*[documents or other articles] to (insert name of International War Crimes Tribunal).
Dated .
Attorney‑General
*Omit if inapplicable.
Schedule
*[EVIDENCE]*[DOCUMENTS OR OTHER ARTICLES]
(insert general nature of the evidence to be taken, description of the document(s) or other article(s) to be produced and the name(s) and, if known, the address(es) of the person(s)who are to give evidence or who have custody of the document(s) or article(s))
Form 13
Form 13
Form 13
(regulation 5)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
AUTHORISATION TO APPLY FOR SEARCH WARRANT UNDER SUBSECTION 33 (1)
TO (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) a request made by (insert name of International War Crimes Tribunal) compliance with which may involve the issue of a search warrant in relation to evidential material, being (insert description of material, or, if necessary set out description in a Schedule to this Form); and
(b) there being reasonable grounds to believe that the material is in Australia;
I, ....................................................................................., Attorney‑General of the Commonwealth of Australia, authorise you under subsection 33 (1) of the International War Crimes Tribunals Act 1995 to apply to a magistrate of (insert the name of the State or Territory), being the *[State]*[Territory] in which the material is believed to be located for a search warrant in relation to that material.
Dated .
Attorney‑General
*Omit if inapplicable.
Form 14
Form 14
Form 14
(regulation 5)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
APPLICATION UNDER SUBSECTION 34 (1) FOR WARRANT TO SEARCH PREMISES
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name and designation of police officer):
(a) being a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is authorised under section 33 of that Act to apply to a magistrate of (insert name of State or Territory) for a search warrant in relation to evidential material, being (insert description of material, or, if necessary set out description in a Schedule to this Form); and
(b) having reasonable grounds for suspecting that the material is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] premises, being (insert address or description of premises);
by information on *[oath]*[affirmation]:
(c) set out under subsection 34 (1) of that Act the following grounds for that suspicion:
(insert statement of grounds for suspicion); and
*(d) set out under subsection 47 (4) of the Act the following grounds for suspecting that use of firearms will be necessary to execute the warrant:
(insert statement of grounds for suspicion); and
*(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to these premises the particulars, including the outcome of any application, of which are as follows:
(insert particulars of any previous application and its outcome); and
(f) apply for the issue of a warrant under subsection 34 (1) of the Act to search the premises for the following evidential material:
(insert description of the kinds of evidential material to which the application relates).
APPLICATION UNDER SUBSECTION 34 (2) FOR WARRANT TO SEARCH PERSON
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name and designation of police officer):
(a) being a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is authorised under section 33 of that Act to apply to a magistrate of (insert name of State or Territory) for a search warrant in relation to evidential material, being (insert description of material, or, if necessary set out description in a Schedule to this Form); and
(b) having reasonable grounds for suspecting that the material is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, in the possession of (insert name of person);
by information on *[oath]*[affirmation]:
(c) set out under subsection 34 (2) of the Act the following grounds for that suspicion:
(insert statement of grounds for suspicion); and
*(d) set out under subsection 47 (4) the following grounds for suspecting that use of firearms will be necessary to execute the warrant:
(insert statement of grounds for suspicion); and
*(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to these premises the particulars, including the outcome of any application, of which are as follows:
(insert particulars of any previous application and its outcome); and
(f) apply for the issue of a warrant under subsection 34 (2) of the Act to search (insert name of person) for the following evidential material:
(insert description of the kinds of evidential material to which this application relates).
WARRANT UNDER SUBSECTION 47 (1) TO SEARCH PREMISES
TO (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is to be responsible for executing this warrant
AND TO any other police officer whose name may be inserted in the warrant in accordance with paragraph 48 (1) (d) of the Act:
On the basis of:
(a) a request made by (insert name of International War Crimes Tribunal) in relation to (insert nature of request, including relevant Tribunal offence and the name of the person to whom it relates); and
(b) an application made under subsection 15 (1) or 34 (1) of the International War Crimes Tribunals Act 1995 for the issue of a warrant to search premises, being (insert address or description of premises); and
(c) my being satisfied by information on *[oath]*[affirmation] set out in the application that there are reasonable grounds for suspecting that there is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] the premises the following evidential material:
(insert description of the kinds of evidential material to which the application for this warrant relates);
I, (insert name and designation of magistrate), a magistrate within the meaning of that Act, authorise *[at any time]*[between the hours of ............ and ..........]:
(d) the execution of this warrant in relation to those premises in accordance with the Act; and
*(e) if the executing officer, or the officer assisting, suspects on reasonable grounds that a person who is at or near the premises when this warrant is executed has any evidential material in his or her possession — *[an ordinary]*[and]*[a frisk] search of that person; and
(f) if the executing officer, or the officer assisting, believes on reasonable grounds, that a thing found at the premises in the course of the search is:
(i) evidential material that is not referred to in this warrant; or
(ii) a thing relevant to an indictable offence against an Australian law;
and that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing a Tribunal offence or an indictable offence against an Australian law — seizure of the evidential material or thing.
This warrant ceases to have effect on (insert date of day that is not later than the end of the relevant period specified in subparagraph 48 (1) (e) (i) or (ii) of the Act after the day on which this warrant is issued).
(Signature and designation of magistrate issuing warrant)
*Omit if inapplicable.
Form 17
Form 17
Form 17
(regulation 5)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
WARRANT UNDER SUBSECTION 47 (2) TO SEARCH A PERSON
TO (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is to be responsible for executing this warrant
AND TO any other police officer whose name may be inserted in this warrant in accordance with paragraph 48 (1) (d) of the Act:
On the basis of:
(a) a request made by (insert name of International War Crimes Tribunal) in relation to (insert nature of request, including relevant Tribunal offence and the name of the person to whom it relates); and
(b) an application made under subsection 15 (2) or 34 (2) of the International War Crimes Tribunals Act 1995 for the issue of a warrant to search (insert name of person); and
(c) my being satisfied by information on *[oath]*[affirmation] set out in the application that there are reasonable grounds for suspecting that there is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, in the possession of (insert name of person) the following evidential material:
(insert description of the kinds of evidential material to which the application for this warrant relates);
I, (insert name and designation of magistrate), a magistrate within the meaning of that Act, authorise *[at any time]*[between the hours of ....... and ..........]:
(d) the execution of this warrant in relation to (insert name of person) in accordance with the Act; and
(e) *[an ordinary]*[and]*[a frisk] search of that person; and
(f) if the executing officer, or the officer assisting, believes on reasonable grounds that a thing found in the possession of the person, or in or on a recently used conveyance, in the course of the search is:
(i) evidential material that is not referred to in this warrant; or
(ii) a thing relevant to an indictable offence against an Australian law;
and that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing a Tribunal offence or an indictable offence against an Australian law — seizure of the evidential material or thing.
This warrant ceases to have effect on (insert date of day that is not later than the end of the relevant period specified in subparagraph 48 (1) (e) (i) or (ii) of the Act after the day on which this warrant is issued).
(Signature and designation of magistrate issuing warrant)
*Omit if inapplicable.
Form 18
Form 18
Form 18
(regulation 5)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
APPLICATION UNDER SUBSECTION 58 (7) FOR EXTENSION OF TIME
TO (insert name and designation of magistrate), the magistrate who issued the warrant under subsection 47 (1) of the International War Crimes Tribunals Act 1995 to search premises, being (insert address or description of premises):
I, (insert name and designation of executing officer, or officer assisting):
(a) being an *[executing officer]*[officer assisting] within the meaning of the International War Crimes Tribunals Act 1995 who is authorised to search premises under a warrant issued under subsection 47 (1) of that Act; and
(b) having reasonable grounds to believe that the expert assistance that is required to operate electronic equipment *[at]*[on]*[in] the premises will not be available within 24 hours;
apply under subsection 58 (7) of that Act for an extension of the period in which electronic equipment *[at]*[on]*[in] the premises may be secured:
(c) for up to (insert number of hours) hours; or
(d) until the equipment has been operated by the expert;
(Signature and designation of magistrate issuing warrant)
*Omit if inapplicable.
Form 20
Form 20
Form 20
(subregulation 6 (1) and regulation 7)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
SUMMONS
In the Matter of (insert description of nature of proceedings) under the International War Crimes Tribunals Act 1995
TO (insert name and address of witness):
You are summoned under regulation 6 of the International War Crimes Tribunals Regulations to appear at (insert address of place where attendance
is required) at (insert time or times when attendance is required) on (insert
date or dates when attendance is required) unless excused, or until released,
by a magistrate from attending to *[give evidence]*[and]*[answer questions]*[and]*[produce the following *[documents]*[and other articles:]
(Signature and designation of magistrate issuing summons)
*Omit if inapplicable.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Name of Regulations
1 Name of Regulations
These Regulations are the International War Crimes Tribunals Regulations 1995.
3 Interpretation
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
Act means the International War Crimes Tribunals Act 1995.
(2) In these Regulations, a reference to a form by number is a reference to the form bearing that number in the Schedule.
Note: Section 25C of the Acts Interpretation Act 1901 provides that strict compliance with a form is not required and substantial compliance is sufficient.
4 Statutory forms
4 Statutory forms
For the purposes of a provision of the Act specified in column 2 of an item in the following table, the statutory form mentioned in that provision is set out in the form specified in column 3 of the item:
Column 1Item
Column 2Provision of the Act and description of form
Column 3Form
1
subsection 9 (1)notice
1
2
subsection 10 (1)application for warrant for arrest
2
3
subsection 10 (1)warrant for arrest
3
4
paragraph 10 (2) (a)application for warrant for arrest
4
5
subsection 10 (2)warrant for arrest
5
6
section 11notice
6
7
section 13notice
7
8
section 17notice
10
9
subsection 18 (2)surrender warrant
11
10
subsection 26 (2)notice
12
5 Other forms
5 Other forms
An application or authorisation, or a warrant, of a kind specified in column 2 of an item in the following table that is mentioned in a provision of the Act specified in that column of the item must be made or given, as each case requires, in the form specified in column 3 of the item:
Beyond merely providing templates, the regulations establish the legal infrastructure for magistrates to summon witnesses, take evidence under oath or affirmation, and determine the fees, allowances, and immunities of all active participants in these unique international cooperation proceedings. This provides a uniform procedural pathway for domestic enforcement of international criminal justice requests.
Main concepts
Several foundational legal concepts are operationalised by these regulations. First, there is the division between notice-based and urgent action. Under Form 1, which is issued under subsection 9(1) of the Act, the Attorney-General formally notifies a magistrate that a surrender request has been received from an international tribunal. This notice acts as the trigger for a standard domestic warrant application under subsection 10(1) (Form 2).
In contrast, subsection 10(2) and Form 4 bypass this prior executive notification due to circumstances of urgency. The applicant must state the precise urgent circumstances to justify arresting an individual before the Attorney-General's formal notice is received, creating a distinct conceptual pathway for rapid intervention to prevent flight or the destruction of evidence.
Second, the regulations rely heavily on the concept of evidential material. This material is defined as items or documents relevant to a Tribunal offence, which is the specific international crime being investigated or prosecuted by the international tribunal. The regulations distinguish between search warrants linked to an already arrested person under section 15 (Forms 8 and 9) and general search warrants under section 34 (Forms 14 and 15), which are authorised by the Attorney-General under section 33 (Form 13).
Third, the magistrate operates not as a trial judge determining guilt, but as an administrative-judicial facilitator. Under regulation 6, the magistrate is empowered to issue a summons (Form 20) to send for witnesses and documents. The concept of custody is also heavily structured: the regulations govern the transition of custody from Australian detention facilities to international escorts under a surrender warrant (Form 11).
Lastly, the regulations import the concept of Supreme Court equivalent protection. Regulation 10 creates a protective shield for magistrates, legal practitioners, unrepresented parties, and witnesses, conceptually elevating a summary administrative proceeding to the level of a state or territory Supreme Court trial in terms of civil and criminal immunity.
Who it affects
The regulations directly govern and affect a specific network of domestic and international actors, each bound by different procedural obligations, operational pressures, and incentives.
The first key actor is the Commonwealth Attorney-General. As the sovereign gatekeeper, the Attorney-General must sign and issue the notices and warrants that drive the entire process. This includes issuing Form 1 notices, Form 6 cancellation directions, Form 7 and Form 10 release directions, Form 11 surrender warrants, Form 12 evidence-taking authorisations, and Form 13 search warrant authorisations. The Attorney-General's decisions are highly discretionary, balancing international treaty obligations against domestic legal and constitutional concerns.
The second category comprises Australian Magistrates. Under regulation 3, these are magistrates within the meaning of the Act. They are tasked with issuing arrest warrants (Forms 3 and 5), search warrants (Forms 16 and 17), and witness summonses (Form 20). They are also responsible for administering oaths or affirmations under regulation 9 and managing the remand or release of detainees.
The third category consists of Australian Police Officers, including members and special members of the Australian Federal Police (AFP) and state or territory police forces. They are the execution arm of this regime. They must draft complex warrant applications (Forms 8, 9, 14, 15), execute arrests, transport detainees, and conduct highly invasive personal and premises searches.
The fourth group contains Tribunal Escorts. These are officers or authorised representatives of the relevant International War Crimes Tribunal. Under Form 11, they are granted legal custody of the surrendered person within Australian borders and are authorised to transport them out of the country.
The fifth group comprises Witnesses. These are individuals within Australia who hold evidence or documents. Under regulations 6 and 7, they can be compelled via Form 20 summonses to attend, testify, and produce private documents.
Lastly, the regulations affect Suspects and Property Occupiers. Suspects face deprivation of liberty and potential transfer to international jurisdictions, while property occupiers must yield to search warrants and potential seizures of their electronic equipment.
Key duties and rights
The regulations balance coercive state duties against specific statutory rights. Witnesses bear the heaviest duties under this instrument. Once served with a Form 20 summons under regulation 6, a witness has an absolute duty to attend at the specified place, time, and date (regulation 7). This duty is continuous, meaning the witness must remain in attendance unless excused or released by the magistrate.
Furthermore, under regulation 6(1)(b), the witness has a duty to give evidence, answer questions, and produce specified documents or articles in their custody or control. Under regulation 9, they have a duty to submit to an oath or affirmation administered by the magistrate.
To offset these heavy duties, witnesses possess key rights. Under regulation 8, they are entitled to be paid fees and allowances. These are generally calculated as if the witness were attending a court of summary jurisdiction in the relevant State or Territory (regulation 8(1)(a)). In special circumstances, the magistrate has the discretion to direct that customised fees and allowances be paid (regulation 8(1)(b)).
Under regulation 8(3), the cost of these fees is shifted to the specific party or entity at whose request the witness was summoned, protecting the public purse from bearing the cost. Additionally, witnesses have a right to Supreme Court-level protection and immunity (regulation 10(4)).
Legal practitioners appearing before the magistrate have a statutory right to the same protection and immunity they would receive when representing a party in the Supreme Court of the State or Territory where the hearing occurs (regulation 10(2)). Unrepresented parties enjoy a parallel right to the protections of a Supreme Court litigant in person (regulation 10(3)).
Police officers face precise procedural duties when executing warrants. Under regulation 6(2), service of a witness summons must be personal, requiring the officer to show the original summons to the witness and deliver a physical copy. When applying for search warrants (Forms 8, 9, 14, 15), officers are under a strict duty of disclosure: they must state whether they have previously applied for a warrant relating to the same premises or person and detail the outcome of that application.
Penalties and enforcement
While the International War Crimes Tribunals Regulations 1995 do not list a schedule of direct penalty units or free-standing regulatory offences, they provide the essential mechanisms through which the coercive powers of the State and the parent Act are enforced. The primary enforcement tool for non-compliant witnesses is the summons under regulation 6 and Form 20. If a witness fails to perform their duty to attend under regulation 7, this triggers the contempt powers of the magistrate and the criminal penalties set out in the parent Act.
For individuals who flee or attempt to evade custody, the regulations provide a specific enforcement instrument: the warrant to return an escaped person to custody under subsection 78(3) (Form 19). This warrant authorises any police officer to actively hunt, arrest, and return the escaped person to the custody authorised under the Act.
The regulations also reveal the high-stakes enforcement posture of the Australian State in cooperation with international tribunals through the search warrant templates. Forms 8, 9, 14, and 15 require police officers to explicitly state under oath the grounds for suspecting that use of firearms will be necessary to execute the warrant (pursuant to subsection 47(4) of the Act). This mechanism forces police officers to justify the potential use of lethal force prior to executing a search.
Furthermore, the search warrants (Forms 16 and 17) authorise highly intrusive enforcement actions. They permit police officers to conduct ordinary or frisk searches of any person at or near the premises if they suspect on reasonable grounds that the person possesses evidential material. They also authorise the seizure of items not mentioned in the warrant if the officer believes on reasonable grounds that the items are relevant to domestic indictable offences or other Tribunal offences, to prevent their concealment, loss, or destruction.
How it interacts with other laws
The regulations exist in a complex web of interactions with other Commonwealth, State, and Territory laws. First, they are structurally subservient to the International War Crimes Tribunals Act 1995. Every form in the schedule is linked to a specific statutory provision of the parent Act, making the regulations' validity entirely dependent on the constitutional and statutory validity of the parent Act.
Second, the regulations rely heavily on the Acts Interpretation Act 1901. Regulation 3(2) contains an explicit note highlighting section 25C of the Acts Interpretation Act 1901, which states that strict compliance with forms is not required and substantial compliance is sufficient. This protects the administrative process from being derailed by minor clerical or procedural errors in the forms. Additionally, regulation 9 contains a note referencing section 2B of the Acts Interpretation Act 1901, which defines oath to encompass affirmations, declarations, and promises.
Third, the regulations interact dynamically with State and Territory laws. Regulation 10 pegs the legal immunities and protections of magistrates, practitioners, witnesses, and unrepresented parties directly to those of the Supreme Court of the State or Territory where the function is being performed. This means the scope of these protections is not uniform nationwide; rather, it shifts depending on the local statutory and common law frameworks of the jurisdiction in which the magistrate sits.
Similarly, regulation 8(1)(a) links witness fees and allowances to the scales of the local courts of summary jurisdiction in the relevant State or Territory, injecting further regional variation into the administrative costs of these proceedings.
Finally, the search warrant provisions (Forms 16 and 17) interact with general Australian criminal law. They explicitly authorise the seizure of things relevant to an indictable offence against an Australian law discovered during a war crimes search, allowing federal and state police to leverage international cooperation requests to uncover and prosecute domestic crimes.
Amendment history
The International War Crimes Tribunals Regulations 1995 have remained an incredibly stable set of procedural templates since their inception in 1995. This stability is largely due to the flexible, evergreen design of the regulations and their schedules.
Rather than listing specific international war crimes tribunals by name in the text of the regulations themselves (such as the International Criminal Tribunal for the former Yugoslavia (ICTY) or the International Criminal Tribunal for Rwanda (ICTR), which were active in 1995), the forms in the Schedule use generic placeholders: "(insert name of International War Crimes Tribunal)" and "(insert Tribunal offence)."
This legislative drafting choice has insulated the regulations from the need for frequent amendments as new international courts have been established or dissolved over the decades (such as the International Criminal Court, or the International Residual Mechanism for Criminal Tribunals). As long as the parent Act is amended to define these bodies as "Tribunals" under the Act, the forms in the regulations remain instantly applicable without requiring regulatory updates.
The regulations also rely on general statutory definitions (such as "police officer" and "magistrate") that are defined in the parent Act or the Acts Interpretation Act 1901. Consequently, when those broader laws are amended to reflect changes in police structures or judicial nomenclature, the regulations automatically adapt. This minimises the regulatory maintenance burden on the Attorney-General's Department and ensures that the forms do not become obsolete due to shifting definitions of domestic law enforcement agencies.
Litigation history
The International War Crimes Tribunals Regulations 1995 have rarely been the direct focus of reported litigation in Australian courts. However, they operate within a highly contentious area of administrative and constitutional law, meaning their validity is closely tied to broader judicial challenges under the parent Act and Chapter III of the Australian Constitution.
A primary constitutional risk in this space involves the persona designata doctrine. Under Chapter III of the Constitution, federal judicial power must be kept separate from executive functions. While state magistrates are not federal judges, the conferral of administrative, executive-adjacent functions on judicial officers (such as issuing warrants and conducting preliminary hearings for international tribunals) must be carefully designed to ensure it does not compromise their judicial integrity or violate the principles of judicial independence.
The regulations mitigate this risk by treating the magistrate's function as a personal statutory duty rather than a sitting of a formal court. Regulation 10 supports this by extending Supreme Court-level protections to the magistrate while performing these functions, shielding them from personal liability.
Furthermore, extradition and mutual assistance litigation in Australia (such as challenges to surrender warrants under analogous legislation like the Extradition Act 1988) suggests that any litigation involving these regulations would likely focus on "substantial compliance" under section 25C of the Acts Interpretation Act 1901. If a police officer or the Attorney-General significantly departs from the mandatory fields in the forms (for example, failing to adequately describe the "circumstances of urgency" in Form 4), the courts would look to whether the deviation was material enough to invalidate the warrant or notice.
Gotchas
For legal practitioners and law enforcement officers, several subtle "gotchas" are embedded within the regulations and their schedules.
The first is the strict temporal window for search warrants under Forms 8, 9, 14, 15, 16, and 17. The applicant must have reasonable grounds for suspecting that the evidential material is on the premises or in the person's possession "within 48 hours (in the case of an application by telephone, fax or other electronic means)" or "within 72 hours (in the case of any other application)." If the police execute a warrant based on an application that miscalculated this timeframe, or if the material is only expected to arrive after this window, the warrant is invalid. This requires precise logistical timing.
The second gotcha is the witness fee liability under regulation 8(3). It states that fees and allowances are payable "by the person at whose request the witness was summoned." In the context of international tribunals, a private defendant or a specific state party requesting a witness summons under Form 20 may find themselves directly liable for substantial financial costs, calculated according to state summary court scales, or even higher if the magistrate directs "special circumstances" under regulation 8(1)(b).
The third is the rigid limitation on securing electronic equipment under Form 18 (subsection 58(7) of the Act). If police officers need to secure electronic equipment to prevent tampering while waiting for an expert, they can only do so for a very limited time. An application for an extension under Form 18 is capped. It can only extend the period "for up to [insert hours] hours" or "until the equipment has been operated by the expert; whichever happens first." Managing these strict timelines in remote locations where experts are scarce is an operational minefield.
The fourth gotcha is the mandatory disclosure of prior search warrant applications. Under paragraph (e) of Forms 8, 9, 14, and 15, an AFP officer must explicitly list the particulars and outcomes of any previous applications for warrants relating to those same premises or persons. A failure to disclose a prior unsuccessful or rejected application constitutes a material omission that could lead to a court throwing out any evidence seized under the subsequent warrant.
Finally, the jurisdictional variation in immunities under regulation 10 is a major trap. Because the protection of magistrates, lawyers, and witnesses is pegged to the local Supreme Court of the State or Territory where the function is performed, a legal practitioner or witness in one state may have less protection than their counterparts in another, depending on the state-specific common law and statutory immunities.
How to comply
To ensure strict compliance and minimise administrative or constitutional challenge, all parties must carefully navigate the technical details of the regulations.
For Law Enforcement Officers (AFP and State Police):
When preparing a search warrant application (Form 8 or 14 for premises; Form 9 or 15 for persons), you must draft the statement of grounds for suspicion with absolute precision. If the application is made electronically, ensure the 48-hour timeline is legally supported by the facts; for physical applications, ensure the 72-hour limit is respected.
You must conduct a thorough internal database search to identify any prior warrant applications relating to the target premises or person to satisfy the disclosure requirements in paragraph (e) of the applications. If firearms are deemed necessary for execution, do not rely on generic boilerplate text; you must articulate specific, credible grounds for suspecting that firearms will be required to satisfy subsection 47(4) of the Act.
When executing a warrant, if you need to secure electronic equipment, monitor the clock closely. If an expert is not available within the initial 24-hour window, you must immediately apply to the issuing magistrate using Form 18 to extend the period.
For Legal Practitioners representing affected parties:
If your client is served with an arrest warrant (Form 3 or 5) or a search warrant (Form 16 or 17), immediately cross-reference the document against the prescribed forms in the Schedule. While section 25C of the Acts Interpretation Act 1901 permits "substantial compliance," look for material omissions. For instance, verify if a Form 5 urgent warrant contains a valid description of the urgent circumstances, or if a Form 16 search warrant is signed by a qualified magistrate and clearly details the specific "evidential material" authorised for seizure.
If your client is summoned as a witness under Form 20, advise them of their absolute duty to attend under regulation 7. Do not advise them to ignore the summons, as this triggers severe contempt and statutory penalties. Instead, ensure they prepare their evidence, and submit an immediate claim for travel, accommodation, and attendance fees under regulation 8, using the relevant State or Territory court of summary jurisdiction scale. If the travel or preparation involves exceptional costs, apply to the magistrate for a discretionary direction for special fees under regulation 8(1)(b).
Column 2Provision of the Act and description of form
Column 3Form
1
subsection 15 (1)application for warrant to search premises
8
2
subsection 15 (2)application for warrant to search person
9
3
subsection 33 (1)authorisation to apply for search warrant
13
4
subsection 34 (1)application for warrant to search premises
14
5
subsection 34 (2)application for warrant to search person
15
6
subsection 47 (1)warrant to search premises
16
7
subsection 47 (2)warrant to search person
17
8
subsection 58 (7)application to extend period
18
9
subsection 78 (3)warrant for return to custody
19
6 Power of magistrates to send for witnesses and documents
6 Power of magistrates to send for witnesses and documents
(1) A magistrate who performs a function under the Act may issue a summons in accordance with Form 20 that requires the person named in the summons:
(a) to attend as a witness before a magistrate in connection with the performance by the magistrate of a function under the Act; and
(b) to give evidence, answer questions and produce to a magistrate such documents and other articles in the person’s custody or control as are referred to in the summons.
(2) Service on a person of a summons:
(a) may be effected in any State or Territory; and
(b) must be effected by:
(i) showing the summons to the person; and
(ii) personal delivery of a copy of the summons to the person.
7 Duty of witness to attend
7 Duty of witness to attend
A person summoned as a witness must attend at the place and time, and on the date, specified in the summons unless excused, or until released, from attending by a magistrate.
8 Witness fees and allowances
8 Witness fees and allowances
(1) A person who attends as a witness before a magistrate in a State or Territory in accordance with a summons is entitled to be paid:
(a) fees and allowances as if the person were attending a court of summary jurisdiction in the State or Territory to give evidence before the court as a witness; or
(b) in special circumstances, such fees and allowances as the magistrate directs.
(2) Fees and allowances are payable to a witness under subregulation (1) subject to the deduction of any amount previously paid to the witness for the expenses that he or she has incurred to attend before a magistrate as a witness.
(3) Fees and allowances are payable by the person at whose request the witness was summoned.
9 Power to examine on oath or affirmation
9 Power to examine on oath or affirmation
A magistrate may:
(a) administer an oath to a person appearing as a witness before the magistrate; and
(b) examine the witness on oath.
Note: Under section 2B of the Acts Interpretation Act 1901, oath includes affirmation, declaration and promise.
10 Protection in relation to functions under the Act
10 Protection in relation to functions under the Act
(1) A magistrate who performs a function under the Act in a State or Territory has the same protection and immunity as a Judge of the Supreme Court of the State or Territory has in the performance of his or her duty as a Judge of the Supreme Court.
(2) A legal practitioner appearing before a magistrate in a State or Territory in connection with the performance by the magistrate of a function under the Act has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court of the State or Territory.
(3) If a person who is not represented by a legal practitioner appears before a magistrate in a State or Territory in connection with the performance by the magistrate of a function under the Act, the person has the same protection and immunity as a party to proceedings in the Supreme Court of the State or Territory has when appearing before that Court when not so represented.
(4) A witness summoned to attend or appearing before a magistrate who performs a function under the Act in a State or Territory has the same protection and immunity as a witness in proceedings in the Supreme Court of the State or Territory.
Form 1 Form 1
Form 1
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
NOTICE UNDER SUBSECTION 9 (1) IN RELATION TO RECEIPT OF A SURRENDER REQUEST BY (INSERT NAME OF INTERNATIONAL WAR CRIMES TRIBUNAL)
TO a magistrate within the meaning of the International War Crimes Tribunals Act 1995 before whom the person named in this notice is brought:
On the basis of:
(a) a request made in accordance with subsection 8 (1) of the International War Crimes Tribunals Act 1995, by (insert name of the International War Crimes Tribunal) in relation to the surrender of (insert name of person); and
(b) *[an arrest warrant issued by the Tribunal in relation to that person]*[a copy of an arrest warrant authenticated by the Tribunal in relation to that person] accompanying the request;
I, ............................................................................. , Attorney‑General of the Commonwealth of Australia:
(c) enclose with this notice a copy of the arrest warrant issued by the Tribunal; and
(d) under subsection 9 (1) of the International War Crimes Tribunals Act 1995, state that a request from the Tribunal in relation to the surrender of (insert name of person) has been received.
Dated .
Attorney‑General
*Omit if inapplicable.
Form 2 Form 2
Form 2
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
APPLICATION UNDER SUBSECTION 10 (1) FOR ARREST WARRANT
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name of applicant), (insert capacity in which application is made), apply under subsection 10 (1) of the International War Crimes Tribunals Act 1995 on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant, pursuant to a notice under section 9 of that Act, for the arrest of (insert name of person).
(Signature of the applicant and the capacity in which the application is made)
Form 3 Form 3
Form 3
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
WARRANT FOR ARREST UNDER SUBSECTION 10 (1)
TO all police officers within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) a notice from the Attorney‑General of the Commonwealth of Australia under subsection 9 (1) of the International War Crimes Tribunals Act 1995 stating that a request has been received from (insert name of International War Crimes Tribunal) for the surrender of (insert name of person); and
(b) an application made on behalf of the Tribunal for issue of a warrant pursuant to the notice for the arrest of that person;
I, (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995, authorise you under subsection 10 (1) of that Act 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.
(Signature and designation of magistrate issuing warrant)
*Omit if inapplicable.
Form 4 Form 4
Form 4
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
APPLICATION UNDER SUBSECTION 10 (2) FOR ARREST WARRANT
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name of applicant), (insert capacity in which application is made), apply under subsection 10 (2) of the International War Crimes Tribunals Act 1995 on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant, otherwise than pursuant to a notice under section 9 of that Act, for the arrest of (insert name of person).
Because of the following circumstances of urgency, it is necessary to issue a warrant before receiving a notice from the Attorney‑General under that section (insert statement of the urgent circumstances).
Attached to this application is a copy of the arrest warrant issued by the Tribunal in relation to that person.
(Signature of the applicant and the capacity in which the application is made)
Form 5 Form 5
Form 5
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
WARRANT FOR ARREST UNDER SUBSECTION 10 (2)
TO all police officers within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) an application made on behalf of (insert name of International War Crimes Tribunal) for issue of a warrant for the arrest of (insert name of person); and
(b) a statement in the application of circumstances of urgency that require the issue of the warrant before receipt of a notice under section 9 of that Act;
I, (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995, authorise you under subsection 10 (2) of that Act 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.
(Signature and designation of magistrate issuing warrant)
*Omit if inapplicable.
Form 6 Form 6
Form 6
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
NOTICE UNDER SECTION 11 DIRECTING MAGISTRATE TO CANCEL ARREST WARRANT
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) my having become aware of the issue of a warrant by a magistrate under section 10 of the International War Crimes Tribunals Act 1995 for the arrest of (insert name of person); and
(b) that person not having been arrested under that warrant; and
*(c) my being satisfied that a request will not be received from (insert name of International War Crimes Tribunal) that would oblige me to issue a notice under section 9 of that Act;
*(c) my considering that the warrant should be cancelled;
I, .................................................................................. , Attorney‑General of the Commonwealth of Australia, direct you under section 11 of the International War Crimes Tribunals Act 1995 to cancel the warrant.
Dated .
Attorney‑General
*Omit if inapplicable.
Form 7 Form 7
Form 7
(regulation 4)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
NOTICE UNDER SECTION 13 TO ORDER RELEASE FROM REMAND
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
On the basis of:
(a) my having become aware that (insert name of person), a person arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995 has been remanded *[in custody]*[on bail] by a magistrate under section 12 of the Act; and
*(b) my being satisfied that a request will not be received from (insert name of International War Crimes Tribunal) that would oblige me to issue a notice under section 9 of that Act;
*(b) my considering that the remand should cease;
I, ............................................................................ , Attorney‑General of the Commonwealth of Australia, direct you under section 13 of the International War Crimes Tribunals Act 1995 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)].
Dated .
Attorney‑General
*Omit if inapplicable.
Form 8 Form 8
Form 8
(regulation 5)
COMMONWEALTH OF AUSTRALIA
International War Crimes Tribunals Act 1995
APPLICATION UNDER SUBSECTION 15 (1) FOR WARRANT TO SEARCH PREMISES
TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:
I, (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:
(a) being aware that (insert name of person) has been arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995; and
(b) having reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] premises, being (insert address or description of premises);
by information on *[oath]*[affirmation]:
(c) set out under subsection 15 (1) of that Act the following grounds for that suspicion:
(insert statement of grounds for suspicion); and
*(d)
This is an opening excerpt, not the complete document.