international-war-crimes-tribunals-act-1995.pdf, p.9
1 Short title
international-war-crimes-tribunals-act-1995.pdf, p.106
Amendment by Statute Law Revision Act 2012
international-war-crimes-tribunals-act-1995.pdf, p.107
1 July 2016 (s 2(1)
international-war-crimes-tribunals-act-1995.pdf, p.22
10 Issue of warrants
Conditional commencement of Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016
10 Sept
Magistrate must issue a warrant upon application.
10(1) Issue of warrants
Issue warrant for arrest under specified conditions.
10(2) Issue of warrants
(2) A magistrate must issue a warrant...
Magistrate must report to Attorney-General
10(3) Issue of warrants
international-war-crimes-tribunals-act-1995.pdf, p.23
The Attorney-General must cancel a warrant if certain conditions are met.
11 Cancellation of warrants
international-war-crimes-tribunals-act-1995.pdf, p.105
Conditional commencement of sch 2 (items 1-5)
11 Oct
Cancel the warrant after the person has not been arrested.
The cancellation must occur after the person has not been arrested.
The person has not been arrested under the warrant.
The warrant should be cancelled if no such request is received.
The cancellation is related to a request from a Tribunal.
A request from a Tribunal would oblige the Attorney-General to issue a notice under section 9.
The Attorney-General must cancel a warrant.
Cancel the warrant if both conditions are met.
The cancellation must be related to both conditions.
The person has not been arrested under the warrant and A request from a Tribunal would oblige the Attorney-General to issue a notice under section 9.
Cancel the warrant if no such request is received within a certain time.
The cancellation must occur before a certain time.
12 Remand
(a) written notice that specifies the Tribunal offence and describes the conduct alleged to constitute that offence; (b) bring before a magistrate in the State or Territory where the person is arrested
A person arrested under a warrant must be given written notice and brought before a magistrate.
12(1) Remand
Must be brought before a magistrate before being arrested
(b) be brought before a magistrate in the State or Territory in which the person is arrested.
Must provide written notice and be brought before a magistrate
Must bring before a magistrate in the State or Territory where the person is arrested
Must provide written notice that specifies the Tribunal offence and describes the conduct alleged to constitute that offence
(a) be given a written notice that: (i) specifies the Tribunal offence in respect of which the warrant was issued; and (ii) describes the conduct that is alleged to constitute that offence;
Magistrate must remand person in custody or on bail for necessary period.
12(2) Remand
international-war-crimes-tribunals-act-1995.pdf, p.24
The Attorney-General must direct a magistrate to release a person from custody or discharge recognisances.
13 Release from remand on the Attorney-General’s direction
The release occurs after the direction is given.
The provision specifies a temporal relationship between actions.
The Attorney-General's direction must occur before the release of a person from custody.
The direction is an instance of the cognitive action of directing a magistrate.
The provision defines a specific class of cognitive action.
The Attorney-General's direction is a type of action that requires reasoning.
A magistrate must order the release of a person from custody.
The Attorney-General has a duty to direct a magistrate.
The Attorney-General is required to take action.
The direction is an instance of the diffusion of obligation to direct a magistrate.
The provision defines a specific class of diffusion.
The Attorney-General's direction is a type of action that affects others.
The direction is an instance of the obligation to direct a magistrate in relation to the release.
The release of a person from custody must occur before the Attorney-General's next action.
14 Release from remand after certain periods
Must bring person before magistrate after 14 days on remand
14(1) Release from remand after certain periods
(1) A person must be brought before a magistrate if:
(a) the person was arrested under a warrant issued under subsection 10(2); and (b) the person is, under this Division, on remand 14 days after the day on which the person was arrested; and (c) a notice has not been given under section 9 in relation to the person.
(b) the person is, under this Division, on remand 14 days after the day on which the person was arrested; and (c) a notice has not been given under section 9 in relation to the person.
(c) a notice has not been given under section 9 in relation to the person.
Magistrate must order release or discharge under certain conditions.
14(2) Release from remand after certain periods
that is reasonable in all the circumstances
(b) order the discharge of the recognisances on which bail was granted to the person; as the case requires.
(a) order the release of the person from custody; or (b) order the discharge of the recognisances on which bail was granted to the person; as the case requires.
Must be brought before a magistrate if notice is not given within a particular period.
14(3) Release from remand after certain periods
the person must be brought before a magistrate.
Notice must be given within a particular period.
(3) If: (a) a magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period; and (b) the notice is not given within the period;
Magistrate must order release or discharge of recognisances.
14(4) Release from remand after certain periods
Magistrate must order release or discharge.
international-war-crimes-tribunals-act-1995.pdf, p.25
15 Application for search warrants
Police officer may apply for search warrant to search premises for evidential material.
15(1) Application for search warrants
Search warrant application must be made within applicable period.
(3) of this section will be, at any premises;
If a person is arrested under a warrant issued under section 10, then the application for search warrants must be made.
15(2) Application for search warrants
application for search warrants must be made
arrested under a warrant issued under section 10
international-war-crimes-tribunals-act-1995.pdf, p.27
16 Surrender determination by Attorney-General
Attorney-General must determine surrender of a person remanded under Division 1.
16(1) Surrender determination by Attorney-General
Attorney-General has a duty to determine surrender.
Attorney-General must determine surrender to Tribunal under special circumstances.
16(2) Surrender determination by Attorney-General
Attorney-General must determine surrender to Tribunal.
documents intended to show that there are special circumstances
Attorney-General must consider documents provided by person when determining special circumstances.
16(3) Surrender determination by Attorney-General
Attorney-General must provide a reasonable opportunity to person to provide documents.
Attorney-General must consider documents provided by person.
Attorney-General has an obligation to consider documents provided by person.
Documents provided by person are part of the condition for Attorney-General's decision.
Determination must be made as soon as reasonably practicable after remand.
16(4) Surrender determination by Attorney-General
Release from remand on refusal to surrender the person
17 Release from remand on refusal to surrender the person
...the Attorney-General must, by notice in writing...
Temporal interval for release from remand
If the Attorney-General has determined not to surrender the person
The Attorney-General must, by notice in writing...
Attorney-General has determined not to surrender the person
Must direct a magistrate to order release or discharge
...the recognisances on which bail was granted...
Temporal interval for discharge of recognisances
(b) the discharge of the recognisances on which bail was granted to the person;
international-war-crimes-tribunals-act-1995.pdf, p.28
18 Surrender warrants
Amendment of Territories Legislation Amendment Act 2016
18 June 2015 (s 2(1)
Must issue warrant for surrender of person to Tribunal if Attorney-General determines surrender is warranted.
18(1) Surrender warrants
Issue warrant for surrender of person to Tribunal
Attorney-General determines surrender is warranted
The surrender warrant must be in writing.
18(2) Surrender warrants
Obligation to provide written surrender warrant.
19 Persons imprisoned under Australian law
The Attorney-General must not issue a surrender warrant under certain conditions.
19(1) Persons imprisoned under Australian law
Prohibition of issuing a surrender warrant
(1) The Attorney-General must not issue a surrender warrant...
Exempts persons released on parole or licence from serving a sentence of imprisonment.
19(2) Persons imprisoned under Australian law
...for the remainder of the sentence or period of detention.
Defines the temporal relationship between parole/release and imprisonment.
(2) For the purposes of this section, the person is not taken to be serving a sentence of imprisonment...
...or has been otherwise conditionally released...
Defines the scope of persons exempt from serving a sentence of imprisonment.
international-war-crimes-tribunals-act-1995.pdf, p.17
Defines strip search and stored communication.
It includes the time period during which the examination is conducted.
Defines temporal intervals for strip search
The strip search may include requiring a person to remove all of their garments.
It refers to the same as in the Telecommunications (Interception and Access) Act 1979.
The term 'stored communication' is defined.
It refers to the form of a warrant or notice as set out in the regulations.
It includes requiring a person to remove all of their garments and an examination of the person's body (but not of the person's body cavities) and those garments.
2 Commencement
Legislation history note for International War Crimes Tribunals Act 1995
2 Mar 2011
2(1) Commencement
Commencement of remaining provisions subject to subsection (3)
2(2) Commencement
Requires a relation between identifiable temporal intervals for conditional commencement
Subsection (3) is mentioned but not defined
2(3) Commencement
Specifies the temporal interval for commencement
20 Detention following surrender warrants
Must bring person before magistrate within a certain timeframe after surrender warrant is issued.
20(1) Detention following surrender warrants
The person must be brought before a magistrate.
Obligation to bring person before magistrate
The Attorney-General issues the surrender warrant.
Magistrate must remand person in custody for necessary period to execute warrant.
20(2) Detention following surrender warrants
Magistrate must remand person in custody.
international-war-crimes-tribunals-act-1995.pdf, p.29
21 Content of surrender warrants
Police officer must transport and detain eligible person in custody for surrender.
21(1) Content of surrender warrants
Police officer must transport and detain eligible person in custody.
A place referred to in paragraph (1)(b) or (c) may be a place in or outside Australia.
21(2) Content of surrender warrants
Must be executed according to its tenor.
22 Execution of surrender warrants
Conditional commencement of statute law revision act
22 Sept
A duty to comply with the Act on this date exists
Granting permission for items 5 and 6 in Schedule 5
22 May
Reference to International War Crimes Tribunals Act 1995
If surrender warrant has been issued in relation to a person, then certain actions must be taken.
23 Release from remand
23 Mar
Legislation history for International War Crimes Tribunals Act 1995
23 May 2018
(1) If: (a) a surrender warrant has been issued in relation to a person;
(a) a surrender warrant has been issued in relation to a person;
international-war-crimes-tribunals-act-1995.pdf, p.30
24 Effect of surrender to Tribunal on person’s terms of
Consequential Amendments and Transitional Provisions
Time spent in custody for surrender warrant and Tribunal offence is counted towards sentence or period of detention.
24(1) Effect of surrender to Tribunal on person’s terms of
Time spent in custody for Tribunal offence is not counted towards sentence of imprisonment.
24(2) Effect of surrender to Tribunal on person’s terms of
...is not to be counted as time towards the sentence of imprisonment or period of detention referred to in subsection (1).
(2) If the person is convicted of the Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by ...
Exclusion from counting time spent in custody
Inclusion of time spent outside Australia in custody reference
24(3) Effect of surrender to Tribunal on person’s terms of
Time spent outside Australia is included in custody reference
(3) A reference in this section to time spent in custody includes a reference to time spent in custody outside Australia.
international-war-crimes-tribunals-act-1995.pdf, p.31
25 Expiry of Australian sentences while under Tribunal detention
25 July
Crimes Legislation Amendment Act (No. 2) 2011
25 July 2011 (s 2)
The Attorney-General must inform the Tribunal.
international-war-crimes-tribunals-act-1995.pdf, p.32
25A Authorising provision of material obtained by law enforcement
Authorisation of material provision to a Tribunal
25A(1) Authorising provision of material obtained by law enforcement
...the provision of material to a Tribunal
(1) The Attorney-General may authorise, in writing...
Authorisation of material use by Tribunal
25A(2) Authorising provision of material obtained by law enforcement
Material lawfully obtained in Australia includes material obtained from individuals or entities by consent and material obtained by warrant, or the exercise of a coercive power by a court, in Australia for the purposes of a domestic investigation or prosecution.
25A(3) Authorising provision of material obtained by law enforcement
international-war-crimes-tribunals-act-1995.pdf, p.33
26 Attorney-General may authorise taking of evidence etc.
26 May
Attorney-General must authorise taking of evidence etc.
26(1) Attorney-General may authorise taking of evidence etc.
(1) This section applies if a Tribunal makes a request to the Attorney-General...
The Attorney-General must authorise taking of evidence etc.
Attorney-General may authorise taking of evidence etc.
26(2) Attorney-General may authorise taking of evidence etc.
the Attorney-General may comply with the request
Attorney-General must not comply with request under certain circumstances.
26(3) Attorney-General may authorise taking of evidence etc.
Prohibition of complying with the request.
(3) The Attorney-General must not comply...
27 Taking of evidence
Conditional commencement of legislation amendment act
27 May
Magistrate may take evidence on oath from witnesses.
27(1) Taking of evidence
Magistrate must put evidence in writing and certify it.
27(2) Taking of evidence
international-war-crimes-tribunals-act-1995.pdf, p.1
Compilation information and notes on amendments.
28 March 2026
international-war-crimes-tribunals-act-1995.pdf, p.34
28 Producing documents or other articles
Magistrate may require production of documents or articles upon authorization by Attorney-General.
28(1) Producing documents or other articles
Magistrate has obligation to require production upon authorization.
Written statement certifying production to the magistrate
Must send documents to Attorney-General with a written statement.
28(2) Producing documents or other articles
Magistrate must send certified copies of documents to Attorney-General.
28(3) Producing documents or other articles
Magistrate has a duty to send certified copies.
28 June
international-war-crimes-tribunals-act-1995.pdf, p.108
Amendment history for International War Crimes Tribunals Act 1995
International War Crimes Tribunals Act 1995.
Classifies the text as a compilation of the International War Crimes Tribunals Act 1995.
The text is classified as a compilation.
29 Legal representation
Conditional commencement and amendment provision
29 Mar
Amendment by Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018
29 June 2013 (s 2(1)
Witness must provide legal representative if present
29(1) Legal representation
Permit legal representation for specified persons and entities.
29(2) Legal representation
Grant permission to have legal representation.
Allow examination or cross-examination via video link.
29(3) Legal representation
29(4) Legal representation
Enable cooperation with Tribunal in investigation and prosecution of persons accused of committing Tribunal offences.
3 The objects of this Act
3 June
international-war-crimes-tribunals-act-1995.pdf, p.35
30 Form of certificates
Compelling persons to attend and give evidence for a charge against a person for an offence.
31 Compellability of persons to attend etc.
Obligation to compel persons to attend and give evidence.
international-war-crimes-tribunals-act-1995.pdf, p.36
32 Tribunal immunity certificates
Authenticated Tribunal immunity certificates are admissible as prima facie evidence.
32(1) Tribunal immunity certificates
The certificate's validity is an interval.
Certificate validity is a temporal interval.
(1) An authenticated Tribunal immunity certificate...
The certificate is admissible as prima facie evidence.
Certificate admissibility is an obligation.
Certificate or declaration specifying requirements for answering questions or producing documents
32(2) Tribunal immunity certificates
persons generally or a specified person could or could not be required to answer a specified question or to produce a specified document during specified circumstances.
Requires persons to answer questions or produce documents during specified circumstances
(ii) either generally or in specified circumstances;
persons generally or a specified person could or could not be required to answer a specified question or to produce a specified document.
Requires persons to answer questions or produce documents
(a) is given or made by a Tribunal under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal;
the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, persons generally or a specified person could or could not be required to answer a specified question or to produce a specified document.
Specifies requirements for answering questions or producing documents
(b) specifies or declares that, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal,
international-war-crimes-tribunals-act-1995.pdf, p.37
32A Authorising applications for surveillance device warrants
The Attorney-General must authorise an eligible law enforcement officer to apply for a surveillance device warrant.
32A(1) Authorising applications for surveillance device warrants
Authorises eligible law enforcement officers to apply for surveillance device warrants.
32A(2) Authorising applications for surveillance device warrants
Specifies the time period during which the duty applies.
Identifies the subject of the obligation.
international-war-crimes-tribunals-act-1995.pdf, p.38
32AA Authorising applications for computer access warrants
The Attorney-General may authorise an eligible law enforcement officer to apply for a computer access warrant.
32AA(1) Authorising applications for computer access warrants
Authorising applications for computer access warrants
32AA(2) Authorising applications for computer access warrants
international-war-crimes-tribunals-act-1995.pdf, p.40
32B Authorising application for carrying out of forensic procedures
The Attorney-General may authorise a constable to apply for an order for the carrying out of a forensic procedure on a person.
32B(1) Authorising application for carrying out of forensic procedures
The Attorney-General may authorise a constable to apply for an order.
Consent is required from the person before the authorisation can be granted.
The person must be given an opportunity to consent to the forensic procedure and has not consented to it.
The Attorney-General may authorise a constable to apply for an order if the person has not consented to the forensic procedure.
Undertakings are required from the Tribunal before the authorisation can be granted.
The Tribunal must give appropriate undertakings about the retention, use and destruction of forensic material or information obtained from analysing that material.
The Attorney-General may authorise a constable to apply for an order if the Tribunal has given appropriate undertakings.
Belief is required about the person's location before the authorisation can be granted.
The person must be believed to be in Australia.
The Attorney-General may authorise a constable to apply for an order if the person is believed to be in Australia.
The Tribunal must give undertakings that the Attorney-General considers necessary.
The Attorney-General may authorise a constable to apply for an order if the Tribunal has given undertakings that the Attorney-General considers necessary.
Authorisation required for forensic procedures in cases where consent cannot be obtained.
32B(2) Authorising application for carrying out of forensic procedures
(2) If the person is a child or an incapable person...
32B(3) Authorising application for carrying out of forensic procedures
international-war-crimes-tribunals-act-1995.pdf, p.41
32C Providing forensic evidence to the Tribunal
The Attorney-General must direct a constable on how to provide forensic evidence.
32C(1) Providing forensic evidence to the Tribunal
The Attorney-General has a duty to direct the constable.
A direction under subsection (1) must not be a legislative instrument.
32C(2) Providing forensic evidence to the Tribunal
international-war-crimes-tribunals-act-1995.pdf, p.42
33 Attorney-General may authorise applications for search
Authorises police officer to apply for search warrant.
33(1) Attorney-General may authorise applications for search
Police officer applies for search warrant.
Attorney-General authorizes police officer.
33(2) Attorney-General may authorise applications for search
...there are special circumstances justifying non-compliance.
(2) The Attorney-General must not comply with the request if...
...complying with the request would prejudice Australia’s sovereignty, security or national interest.
Prohibition of compliance due to sovereignty, security or national interest concerns
...complying with the request would prejudice Australia’s sovereignty, security or national interest; and there are special circumstances justifying non-compliance.
Prohibition of compliance due to multiple reasons
...there are special circumstances justifying non-compliance; and complying with the request would prejudice Australia’s sovereignty, security or national interest.
...there are special circumstances justifying non-compliance; and there are special circumstances justifying non-compliance.
34 Applications for search warrants
Police officer may apply for search warrant with reasonable grounds.
34(1) Applications for search warrants
Police officer may apply for search warrant with reasonable grounds for suspicion.
34(2) Applications for search warrants
Applicable period for search warrant applications
34(3) Applications for search warrants
international-war-crimes-tribunals-act-1995.pdf, p.44
Authorisation for application of stored communications warrant
34A Authorising application for a stored communications warrant
...the Australian Federal Police or the police force...
international-war-crimes-tribunals-act-1995.pdf, p.45
34B Authorising an authorisation for the disclosure of prospective
The Attorney-General may authorise disclosure of information or documents under certain conditions.
34B(1) Authorising an authorisation for the disclosure of prospective
The disclosure is permitted only if it occurs within a specified time period.
(b) the information or documents come into existence during a period specified by the Tribunal, and which started on or after the day the request was made;
Permission to disclose information or documents.
(a) a Tribunal has requested the Attorney-General to arrange for the disclosure of the information or documents;
The Attorney-General is permitted to authorise disclosure under certain conditions.
(c) the Attorney-General is satisfied that: (i) a proceeding is before, or an investigation is being conducted by, the Tribunal;
(ii) the information or documents relate to the fact of a communication passing over a telecommunications system during a period specified in the Tribunal’s request.
The disclosure is permitted until a certain time has passed.
Avoids doubt about communication contents
34B(2) Authorising an authorisation for the disclosure of prospective
international-war-crimes-tribunals-act-1995.pdf, p.46
35 Persons giving evidence or assisting (other than prisoners)
The Attorney-General may make arrangements for the travel of a person to a foreign country if certain conditions are met.
35(1) Persons giving evidence or assisting (other than prisoners)
The Attorney-General may make arrangements...
Attorney-General must not comply with request if it would prejudice Australia's sovereignty, security or national interest.
35(2) Persons giving evidence or assisting (other than prisoners)
international-war-crimes-tribunals-act-1995.pdf, p.47
36 Prisoners giving evidence or assisting
Prisoners must provide evidence or assistance in a foreign country if requested by the Attorney-General and meet certain conditions.
36(1) Prisoners giving evidence or assisting
The time of the request is before the time of the investigation.
There are reasonable grounds to believe that the prisoner can give evidence relevant to the proceeding or assist the investigation.
there are reasonable grounds to believe that the prisoner can give evidence relevant to the proceeding or assist the investigation;
Prisoners must provide evidence or assistance in a foreign country.
The Attorney-General requests the prisoner's attendance.
The Attorney-General must provide adequate undertakings.
The Attorney-General must provide adequate undertakings in respect of the matters referred to in section 37.
the Attorney-General is satisfied that the prisoner has consented to giving evidence or assisting in the foreign country;
The Tribunal must give evidence relevant to the proceeding or assist the investigation.
The Tribunal must give evidence relevant to the proceeding or assist the investigation if requested by the Attorney-General.
The Attorney-General must be satisfied that the prisoner has consented.
The Attorney-General must be satisfied that the prisoner has consented to giving evidence or assisting in the foreign country.
the Attorney-General is satisfied that the Tribunal has given, to the extent (if any) required by the Attorney-General, adequate undertakings in respect of the matters referred to in section 37.
Release of prisoner for travel to give evidence or assist investigation.
36(2) Prisoners giving evidence or assisting
... that the prisoner be released from prison for the purpose of such travel...
Temporal overlap between prisoner's custody and travel.
(b) if the prisoner is a federal prisoner and also a State prisoner-direct
... the Attorney-General may: ... direct that the prisoner be released...
Release of prisoner implies travel for evidence or investigation.
(2) Subject to subsection (4), if the prisoner is being held in custody
the Attorney-General may: ... direct that the prisoner be released...
(2) Subject to subsection (4), if the prisoner is being held in custody,
... make arrangements for such travel in the custody of a police
Conditional release until necessary directions or approvals are given.
(c) in any case-subject to the making or giving of any necessary directions or approvals relevant to release of the prisoner
international-war-crimes-tribunals-act-1995.pdf, p.49
37 Undertakings relating to prisoners
The Tribunal must give an undertaking to return a prisoner to Australia.
37(1) Undertakings relating to prisoners
Tribunal undertakings for prisoner custody arrangements
37(2) Undertakings relating to prisoners
Continuation of imprisonment sentence while in custody outside Australia
38 Effect of removal to foreign country on prisoners’ terms of
Temporal interval during which person is in custody outside Australia >= temporal interval during which person is serving sentence of imprisonment
Temporal interval during which person is in custody outside Australia
Person is in custody in connection with the request
Person continues to serve that sentence of imprisonment AND person is subject to detention under Commonwealth law
Combination of conditions for continuation of imprisonment sentence
Person is in custody in connection with the request AND person is released from a prison pursuant to a request by a Tribunal under section 36
Person continues to serve that sentence of imprisonment
Continues to serve sentence of imprisonment
Person is serving a sentence of imprisonment
Temporal interval during which person is released from prison pursuant to a request by a Tribunal >= temporal interval during which person is serving sentence of imprisonment
Temporal interval during which person is released from prison pursuant to a request by a Tribunal
Person is released from a prison pursuant to a request by a Tribunal under section 36
international-war-crimes-tribunals-act-1995.pdf, p.50
39 Transit
Transportation of person in custody through Australia for specific purposes.
39(1) Transit
...the person may be transported through Australia in the custody of another person.
Specifies the temporal overlap between transportation and purposes.
(1) If a person is to be transported in custody from a foreign country...
Implies that transportation is only allowed for specified purposes.
Classifies the type of transportation permit.
Allows transportation of person in custody through Australia.
Propagates the condition that transportation is only allowed for specified purposes.
Must be kept in custody until transportation is continued
39(2) Transit
Transportation of a person in custody not continued within a reasonable time.
39(3) Transit
the Attorney-General may direct that the person be transported in custody to the foreign country from which the person was first transported.
(a) a person is being held in custody pursuant to a direction under subsection (2); and (b) the person’s transportation is not, in the Attorney-General’s opinion, continued within a reasonable time;
international-war-crimes-tribunals-act-1995.pdf, p.10
4 Definitions
international-war-crimes-tribunals-act-1995.pdf, p.51
40 Service of process
Attorney-General may arrange for service of process.
40(1) Service of process
40(2) Service of process
(a) complying with the request would prejudice Australia’s sovereignty, security or national interest;
Cannot comply with request due to special circumstances
(b) there are special circumstances justifying non-compliance.
international-war-crimes-tribunals-act-1995.pdf, p.52
Request for Attorney-General's identification and tracing of proceeds of Tribunal offence.
40AA Application of Division
Requires Attorney-General's satisfaction
The Attorney-General may authorise an officer to make applications under the Proceeds of Crime Act.
40AB Authorising applications under the Proceeds of Crime Act
The Attorney-General may authorise an officer.
international-war-crimes-tribunals-act-1995.pdf, p.53
40AC Applying for and making restraining orders
The Attorney-General may authorise a proceeds of crime authority to apply for a restraining order.
40AC(1) Applying for and making restraining orders
The authorization is within the Attorney-General's power.
(1) If the proceeds request involves the making of a restraining order,
Authority to apply for restraining order against property
40AC(2) Applying for and making restraining orders
(2) If so authorised, a proceeds of crime authority may apply...
Applying Part 2-1 of the Proceeds of Crime Act 2002 to applications and restraining orders.
40AC(3) Applying for and making restraining orders
Applying Part as if certain references are to Tribunal offence or criminal proceeding in respect of it
40AC(4) Applying for and making restraining orders
...reasonably suspected that criminal proceedings are about to commence...
Temporal interval for criminal proceeding in respect of Tribunal offence
It being reasonably suspected that criminal proceedings are about to commence against the person in the Tribunal in respect of a Tribunal offence
...references to the Tribunal offence that is the subject of the proceeds request
References to indictable offence are references to Tribunal offence
That Part applies as if references in that Part to an indictable offence were references to the Tribunal offence that is the subject of the proceeds request
...a person against whom a criminal proceeding in respect of a Tribunal offence has commenced in the Tribunal
References to person charged with indictable offence are references to person against whom criminal proceeding in respect of Tribunal offence has commenced
That Part applies as if references in that Part to a person charged with an indictable offence were references to a person against whom a criminal proceeding in respect of a Tribunal offence has commenced in the Tribunal
...it being reasonably suspected that criminal proceedings are about to commence against the person in the Tribunal in respect of a Tribunal offence
References to it being proposed to charge person with indictable offence are references to it being reasonably suspected that criminal proceedings are about to commence against the person in the Tribunal in respect of a Tribunal offence
That Part applies as if references in that Part to it being proposed to charge a person with an indictable offence were references to it being reasonably suspected that criminal proceedings are about to commence against the person in the Tribunal in respect of a Tribunal offence
...paragraphs 17(1)(e) and (f), subsections 17(3) and (4) and sections 18 to 20A, 29, 29A and 44 to 45A of that Act were omitted
That Part applies as if paragraphs 17(1)(e) and (f), subsections 17(3) and (4) and sections 18 to 20A, 29, 29A and 44 to 45A of that Act were omitted
Court must make restraining order under Part 2-1 of the Proceeds of Crime Act 2002 against property in respect of the Tribunal offence.
40AD Excluding property from restraining orders
international-war-crimes-tribunals-act-1995.pdf, p.54
40AE When restraining order ceases to be in force
Cease of restraining order after one month
40AE(1) When restraining order ceases to be in force
Temporal interval during which restraining order is in force
(1) If, at the end of the period of 1 month...
Restraining order ceases to be in force under certain conditions
40AE(2) When restraining order ceases to be in force
international-war-crimes-tribunals-act-1995.pdf, p.55
40AF Applying for and making production orders
Authorized officer may apply for production order under Proceeds of Crime Act 2002.
40AF(1) Applying for and making production orders
Authorized officer may apply for production order.
Applying Part 3-2 of the Proceeds of Crime Act 2002 to production orders
40AF(2) Applying for and making production orders
Part applies to the application and production order
Applying Part 40AF(3) as if certain references were to the Tribunal offence
40AF(3) Applying for and making production orders
An authorised officer must provide a written direction to the Attorney-General on how to deal with retained documents.
40AG Retaining produced documents
The authorized officer must provide a written direction.
international-war-crimes-tribunals-act-1995.pdf, p.56
40AH Giving notices to financial institutions
A senior police officer may give a written notice to a financial institution requiring the institution to provide certain information.
40AH(1) Giving notices to financial institutions
The notice requires information over a specified period of up to 6 months.
(d) details of transactions on such an account over a specified period of up to 6 months;
The police officer must give a written notice.
The notice requires information about related accounts.
(e) details of any related accounts (including names of those who hold those accounts);
The notice requires information from a transaction conducted by the financial institution.
(f) a transaction conducted by the financial institution on behalf of a specified person.
Senior police officer must not issue notice unless reasonably believed required.
40AH(2) Giving notices to financial institutions
Senior police officer must not issue notice.
40AH(3) Giving notices to financial institutions
There is a duty to identify, trace, and freeze or seize proceeds of Tribunal offences
(3) A senior police officer is a person covered by paragraph 213(3)(a), (b) or (c) of the Proceeds of Crime Act 2002.
There is a right to identify, trace, and freeze or seize proceeds of Tribunal offences
There is an obligation to identify, trace, and freeze or seize proceeds of Tribunal offences
The duty to identify, trace, and freeze or seize proceeds of Tribunal offences applies at all times
international-war-crimes-tribunals-act-1995.pdf, p.57
Financial institution must provide information within 14 days after receiving notice.
40AI Contents of notices to financial institutions
Financial institution must provide information.
Information or documents required to be provided.
No action against financial institution or its employees for actions taken under notice.
40AJ Protection from suits etc. for those complying with notices
international-war-crimes-tribunals-act-1995.pdf, p.58
Making false statements in applications is prohibited.
40AK Making false statements in applications
Prohibits making false statements in applications.
Disclosing existence or nature of notice is prohibited after receiving a notice under section 40AH.
40AL Disclosing existence or nature of notice
Prohibits disclosure of notice existence or nature.
Failing to comply with a notice is an offence.
40AM Failing to comply with a notice
...the person fails to comply with the notice.
Identifies the temporal overlap between failing to comply and the notice.
Recognizes the cognitive aspect of failing to comply with a notice.
Prohibits failing to comply with a notice.
Diffuses the obligation to comply with a notice.
Identifies the recurring nature of failing to comply with a notice.
international-war-crimes-tribunals-act-1995.pdf, p.59
40AN Applying for and making monitoring orders
Authorized officer may apply for a monitoring order under the Proceeds of Crime Act 2002.
40AN(1) Applying for and making monitoring orders
Authorized officer may apply for a monitoring order.
Applying Part 3-4 of the Proceeds of Crime Act 2002 to monitoring orders
40AN(2) Applying for and making monitoring orders
Part applies to the application and monitoring order
Applying Part as if references to serious offence are references to Tribunal offence
40AN(3) Applying for and making monitoring orders
international-war-crimes-tribunals-act-1995.pdf, p.60
Must pass information on to Attorney-General or APS employee
40AO Passing on information given under monitoring orders
40AP Applying for and issuing search warrants
Authorized officer must apply for search warrant under specified conditions.
40AP(1) Applying for and issuing search warrants
Part 3-5 of the Proceeds of Crime Act 2002 applies to the application and POCA search warrant.
40AP(2) Applying for and issuing search warrants
Part 3-5 applies to the application and POCA search warrant.
Applying Part as if certain references are to specific definitions or sections.
40AP(3) Applying for and issuing search warrants
international-war-crimes-tribunals-act-1995.pdf, p.61
POCA search warrant must state that seizure of property is necessary to prevent concealment, loss or destruction.
40AQ Contents of POCA search warrants
POCA search warrant imposes an obligation on the state to seize property if necessary.
international-war-crimes-tribunals-act-1995.pdf, p.62
Seizure of property or things found during a search warrant is prohibited unless certain conditions are met.
40AR Seizure of certain property or things found in the course of
40AS Return of seized property to third parties
Duty to return seized property to third parties
40AS(1) Return of seized property to third parties
Has obligation to return seized property
Court must be a court of the State or Territory with proceeds jurisdiction.
40AS(2) Return of seized property to third parties
international-war-crimes-tribunals-act-1995.pdf, p.63
40AT Dealing with certain seized property
Property must be dealt with in accordance with this section if seized under a POCA search warrant.
40AT(1) Dealing with certain seized property
Property must be dealt with within 30 days.
(1) Property must be dealt with in accordance with this section if: (a) it has been seized under a POCA search warrant in relation to a Tribunal offence; and (b) it is not: (i) evidential material; or (ii) property of a kind referred to in subparagraph 40AR(a)(iv) or (v.).
Property must be dealt with in accordance with this section.
Forfeiture order not registered within 30 days after seizure.
40AT(2) Dealing with certain seized property
a forfeiture order in relation to the property has not been registered in a court under Part 6;
Forfeiture order registration within 30 days after seizure.
(2) If, at the end of the period of 30 days after the day the property was seized:
a restraining order has not been made as described in Subdivision B in respect of the property in relation to the Tribunal offence
Recognition of forfeiture order registration by AI.
Prohibition of forfeiture order not registered within 30 days.
(2) a forfeiture order in relation to the property has not been registered in a court under Part 6;
Diffusion of information about forfeiture order registration.
Recurring trace of forfeiture order registration.
international-war-crimes-tribunals-act-1995.pdf, p.65
40AU Dealing with evidential material and certain property or
Seizure of property or thing under POCA search warrant in relation to Tribunal offence.
40AU(1) Dealing with evidential material and certain property or
(seizure has temporal interval greater than or equal to seizure of property or thing under POCA search warrant in relation to Tribunal offence)
Has temporal interval greater than or equal to
(seizure occurs under POCA search warrant in relation to Tribunal offence)
(seizing officer has obligation to deal with seized item)
(seized item is evidential material or property of a kind)
(seized item is property or thing under POCA search warrant in relation to Tribunal offence)
(seizing officer is authorised officer or person assisting in relation to warrant)
Retention of seized item pending written direction from Attorney-General
40AU(2) Dealing with evidential material and certain property or
Requires a relation between identifiable temporal intervals for retention period
The Attorney-General may direct the seizing officer to send the seized item to the Tribunal.
40AU(3) Dealing with evidential material and certain property or
international-war-crimes-tribunals-act-1995.pdf, p.66
41 Tribunal sittings in Australia
A Tribunal may sit in Australia for the purpose of performing its functions.
41(1) Tribunal sittings in Australia
Tribunal may sit in Australia for taking evidence, conducting or continuing a proceeding, or giving judgment.
41(2) Tribunal sittings in Australia
Temporal relation between Tribunal sitting and taking evidence
42 Tribunal’s powers while sitting in Australia
Tribunal may exercise prescribed powers while sitting in Australia
42(1) Tribunal’s powers while sitting in Australia
Regulations must implement agreements between Commonwealth and Tribunal about powers exercised while sitting in Australia.
42(2) Tribunal’s powers while sitting in Australia
Regulations made for the purposes of subsection (1)
Tribunal's powers while sitting in Australia may apply, adopt or incorporate rules of procedure and evidence.
42(3) Tribunal’s powers while sitting in Australia
Tribunal's powers may apply, adopt or incorporate rules of procedure and evidence.
international-war-crimes-tribunals-act-1995.pdf, p.67
Prohibition on intentionally contravening Tribunal orders or hindering their functions.
43 Contravention of Tribunal orders etc.
Imprisonment occurs during the period of contravention or hindering.
Temporal relation between contravention and imprisonment.
A person must not intentionally contravene an order that a Tribunal makes while sitting in Australia; or A person must not otherwise intentionally hinder a Tribunal in performing its functions while sitting in Australia.
Imprisonment implies contravention or hindering.
Implication between contravention and imprisonment.
Prohibition on contravening Tribunal orders.
A person must not intentionally contravene an order that a Tribunal makes while sitting in Australia.
Prohibition on hindering Tribunal functions.
A person must not otherwise intentionally hinder a Tribunal in performing its functions while sitting in Australia.
Contravention and hindering diffuse to related concepts.
Diffusion of prohibition to related concepts.
international-war-crimes-tribunals-act-1995.pdf, p.68
44 Requests for enforcement of forfeiture orders
Attorney-General may authorise proceeds of crime authority to apply for registration of forfeiture order.
44(1) Requests for enforcement of forfeiture orders
the Attorney-General may, in writing, authorise a proceeds of crime authority...
Temporal interval for the enforcement of forfeiture orders.
Decision support for the Attorney-General.
Permission granted by the Attorney-General.
Diffusion of the Attorney-General's decision.
Recurring trace for the enforcement of forfeiture orders.
Attorney-General must not comply with requests for enforcement of forfeiture orders under certain circumstances.
44(3) Requests for enforcement of forfeiture orders
Attorney-General cannot comply with requests.
Request for enforcement of forfeiture orders
Non-compliance may diffuse to other entities.
Non-compliance is justified if special circumstances exist.
Attorney-General's opinion is a condition for non-compliance.
Special circumstances justifying non-compliance
Non-compliance may recur under certain conditions.
45 Registration of order
Court must register order unless it would be contrary to the interests of justice.
45(1) Registration of order
Proceeds of crime authority applies to court with proceeds jurisdiction
Notice must be given to specified persons and court-directed persons
45(1A) Registration of order
Court may consider application without notice if requested by proceeds of crime authority.
45(1B) Registration of order
Court may consider application without notice.
Permission to consider application without notice.
Proceeds of crime authority requests court to do so.
Order must be registered in a court by the registration of a copy of the appropriate order sealed by the Tribunal.
45(2) Registration of order
Registration is within the scope of the Tribunal's authority
The registration must be done under the rules of the court, which are part of the Tribunal's jurisdiction.
Registration implies that the order is valid
If an order must be registered in a court, then it is valid.
Permits electronic transmission of sealed copies for purposes of subsection (2)
45(3) Registration of order
it is taken for the purposes of subsection (2) of this section during the specified time frame.
(3) Subject to subsection 46(2), if a copy of a sealed copy of an order is faxed, emailed or sent by other electronic means
it is taken during the specified time frame.
it is permitted for the purposes of subsection (2) of this section.
it is taken for the purposes of subsection (2) of this section to be the same as the sealed copy.
international-war-crimes-tribunals-act-1995.pdf, p.69
46 Effect of order
Forfeiture order has effect as if made by court under Proceeds of Crime Act 2002
46(1) Effect of order
...as if it were a forfeiture order made by the court under the Proceeds of Crime Act 2002 at the time of registration.
(1) A forfeiture order registered in a court has effect...
...may be enforced, as if it were a forfeiture order made by the court...
Repeal of subparagraph 68(1)(b)(ii) of the Proceeds of Crime Act 2002
46(1A) Effect of order
Registration ceases to have effect after 45 days unless sealed copy is filed.
46(2) Effect of order
...unless the sealed copy has been filed by then in that court.
Registration is an interval that ends after 45 days unless sealed copy is filed.
(2) A registration effected by a court registering a copy of a sealed copy ceases to have effect...
Registration is inferred to cease after 45 days unless sealed copy is filed.
Prohibits registration after 45 days unless sealed copy is filed.
Registration is diffused into a new entity that ceases to exist after 45 days unless sealed copy is filed.
Permits disposal of property subject to an order under certain conditions.
46(3) Effect of order
Describes temporal relationship between property and order
(3) Subject to section 46A, property that is subject to an order registered under this Part may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney-General or
international-war-crimes-tribunals-act-1995.pdf, p.70
46A Effect on third parties of registration of forfeiture orders
Person with interest in property may apply for order under subsection (2) if not convicted of related offence.
46A(1) Effect on third parties of registration of forfeiture orders
...may apply to the court for an order under subsection (2).
Obligation to provide order under subsection (2)
Court must declare nature, extent and value of applicant's interest in property if not involved in offence.
46A(2) Effect on third parties of registration of forfeiture orders
Court must declare nature, extent and value of applicant's interest in property.
Court must give leave for person to apply under subsection (1)
46A(3) Effect on third parties of registration of forfeiture orders
Court may give leave if satisfied there are special grounds.
46A(4) Effect on third parties of registration of forfeiture orders
Grant leave to a person under certain circumstances
46A(5) Effect on third parties of registration of forfeiture orders
(a) the person, for a good reason, did not attend the hearing
Application must be made within 6 weeks of forfeiture order registration.
46A(6) Effect on third parties of registration of forfeiture orders
Defines an overlapping interval for the application deadline.
(6) Unless the court gives leave, an application under subsection (1) is to be made before the end of 6 weeks beginning on the day when the forfeiture order is registered in the court.
Defines an overlapping CogAI for the application deadline.
Prohibits making an application after a certain period.
Defines an overlapping diffusion for the application deadline.
Defines an overlapping trace for the application deadline.
Court may give leave to apply outside the period if not due to neglect.
46A(7) Effect on third parties of registration of forfeiture orders
international-war-crimes-tribunals-act-1995.pdf, p.73
47 When search warrants can be issued
Magistrate may issue warrant to search premises under certain conditions.
47(1) When search warrants can be issued
Evidential material will exist within applicable period
Applicable period referred to in subsection (3) of this section
Warrant issued if reasonable grounds exist
Application made under subsection 15(1) or 34(1)
Magistrate may issue warrant for search or frisk if application is made and reasonable grounds are suspected.
47(2) When search warrants can be issued
47(3) When search warrants can be issued
72 hours or 48 hours if made by telephone, telex, fax or other electronic means
Defines time interval for search warrant application
Defines search warrant application period using artificial intelligence
Defines search warrant application period
Defines applicable period for search warrant application
Spreads information about search warrant application period
Grounds for suspicion must be stated in the information.
47(4) When search warrants can be issued
international-war-crimes-tribunals-act-1995.pdf, p.74
48 Content of warrants
Magistrate must state purpose, premises, and evidential material in search warrant.
48(1) Content of warrants
Magistrate must state purpose, premises, and evidential material.
Purpose is a description of the Tribunal offence.
Allows for successive warrants in relation to the same premises or person.
48(2) Content of warrants
Seizure of evidential material or seizable items without warrant is prohibited.
48(3) Content of warrants
(3) The magistrate is also to state, in a warrant...
48(4) Content of warrants
international-war-crimes-tribunals-act-1995.pdf, p.76
49 The things authorised by a search warrant in relation to premises
Restrictions on search and seizure of premises
49(1) The things authorised by a search warrant in relation to premises
The executing officer or an officer assisting may not perform these actions.
Restriction on execution hours of a search warrant
49(2) The things authorised by a search warrant in relation to premises
The execution is restricted to the specified hours.
(2) If the warrant states that it may be executed only during particular hours, it must not be executed outside those hours.
The artificial agent asserts that the execution is restricted to the specified hours.
It is forbidden to execute the warrant outside the specified hours.
The execution is only possible if the specified hours are met.
The execution is restricted until the specified hours.
international-war-crimes-tribunals-act-1995.pdf, p.18
Australian Capital Territory and Northern Territory are regarded as States.
5 Some Territories to be regarded as States
5 Dec 2011
5 Mar 2026
Obligation to regard certain territories as states.
international-war-crimes-tribunals-act-1995.pdf, p.77
Seizure of things is prohibited unless on reasonable grounds believed necessary to prevent concealment, loss or destruction.
50 The things authorised by a search warrant in relation to a person
Prohibition of seizure unless on reasonable grounds.
international-war-crimes-tribunals-act-1995.pdf, p.78
51 Restrictions on personal searches
Prohibits strip search or body cavity search
52 Warrants may be issued by telephone etc.
Police officers may apply for warrants by telephone.
52(1) Warrants may be issued by telephone etc.
Magistrate must require communication by voice to the extent practicable in circumstances.
52(2) Warrants may be issued by telephone etc.
Magistrate must require communication by voice.
Magistrate may require communication by voice.
Application for warrant must include required information.
52(3) Warrants may be issued by telephone etc.
All necessary information must be provided
Obligation to provide required information
Magistrate may issue warrant urgently or due to delay
52(4) Warrants may be issued by telephone etc.
international-war-crimes-tribunals-act-1995.pdf, p.79
53 Formalities relating to warrants issued by telephone etc.
Inform applicant of warrant terms and signing time
53(1) Formalities relating to warrants issued by telephone etc.
Applicant must complete a form of warrant
53(2) Formalities relating to warrants issued by telephone etc.
Provide completed warrant form and sworn information within a specified timeframe.
53(3) Formalities relating to warrants issued by telephone etc.
Form of warrant completed by the magistrate
The magistrate must complete a form of warrant.
53(4) Formalities relating to warrants issued by telephone etc.
Court assumes exercise of power under warrant was not duly authorised unless proved otherwise.
53(5) Formalities relating to warrants issued by telephone etc.
(5) If: (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under section 52 was not duly authorised; and (b) the form of warrant signed by the magistrate is not produced in evidence; the court is to assume that the exercise of the power was not duly authorised.
Prohibits exercise of power under warrant unless duly authorised.
(5) If: (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under section 52 was duly authorised; and (b) the form of warrant signed by the magistrate is not produced in evidence; the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.
international-war-crimes-tribunals-act-1995.pdf, p.80
Executing officer may obtain assistance and use force in executing a warrant.
54 Availability of assistance and use of force in executing a warrant
Executing officer may obtain assistance and use force
55 Copy of warrant to be shown to occupier etc.
Must provide a copy of warrant to occupier or representative
55(1) Copy of warrant to be shown to occupier etc.
Must provide a copy of the warrant to the occupier.
55(2) Copy of warrant to be shown to occupier etc.
Must show a copy of the warrant to the occupier.
55(3) Copy of warrant to be shown to occupier etc.
Must identify self to occupier or person being searched.
55(4) Copy of warrant to be shown to occupier etc.
No signature or seal is required on a copy of the warrant.
55(5) Copy of warrant to be shown to occupier etc.
international-war-crimes-tribunals-act-1995.pdf, p.81
56 Specific powers available to officers executing warrants
Officer may take photographs with occupier's consent.
56(1) Specific powers available to officers executing warrants
Police officers may complete warrant execution after temporarily ceasing it with occupier's consent.
56(2) Specific powers available to officers executing warrants
Permission to complete warrant execution
Completion of warrant execution despite court order revocation
56(3) Specific powers available to officers executing warrants
the execution of the warrant may be completed.
Warrant execution completion occurs during warrant revocation
(a) the execution of a search warrant is stopped by an order of a court; and (b) the order is later revoked or reversed on appeal; and (c) the warrant is still in force;
Warrant execution can proceed despite court order revocation
Warrant revocation requires warrant execution completion
Warrant revocation ends warrant execution completion
57 Use of equipment to examine or process things
Executing officer may bring necessary equipment to premises for examination or processing.
57(1) Use of equipment to examine or process things
Executing officer has the power to bring necessary equipment.
Consent of occupier required for examination or processing at premises
57(2) Use of equipment to examine or process things
The temporal interval of 'consent' overlaps with the examination.
Temporal overlap between consent and examination
(b) the occupier of the premises consents in writing;
The use of equipment to examine or process things is permitted if the occupier consents.
(a) it is not practicable to examine or process the things at the warrant premises; or (b) the occupier of the premises consents in writing;
The examination occurs until the consent expires.
Temporal relationship between consent and examination
international-war-crimes-tribunals-act-1995.pdf, p.82
58 Use of electronic equipment at premises
Executing officer may operate electronic equipment at premises under certain conditions.
58(1) Use of electronic equipment at premises
Permits action under specified conditions.
Spreads information about electronic equipment.
Seize equipment and associated devices if evidential material is accessible.
58(2) Use of electronic equipment at premises
Seizure occurs within a specific time frame.
Executing officer may seize equipment after operating it.
Permission is implied if the occupier agrees to use facilities for a purpose.
Occupier agrees to use facilities for a purpose.
Equipment is recognized as a potential threat.
Equipment is recognized as a potential threat if it can be accessed by operating it.
Executing officer recognizes equipment as a potential threat.
Prohibition of seizing equipment without permission.
Executing officer may seize equipment if evidential material is accessible.
Seizure spreads to other devices if they are accessible.
Executing officer may seize equipment and associated devices.
Equipment seizure under certain conditions
58(3) Use of electronic equipment at premises
Prohibits equipment seizure without practicable documentary form or copying
Executing officer may take necessary actions to secure electronic equipment at premises.
58(4) Use of electronic equipment at premises
he or she may do whatever is necessary to secure the equipment,
(a) evidential material may be accessible by operating electronic equipment at the warrant premises;
(c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;
(b) expert assistance is required to operate the equipment;
Notice must be given to premises occupier before securing equipment.
58(5) Use of electronic equipment at premises
58(6) Use of electronic equipment at premises
international-war-crimes-tribunals-act-1995.pdf, p.84
59 Compensation for damage to electronic equipment
Compensation for damage to electronic equipment if caused by insufficient care.
59(1) Compensation for damage to electronic equipment
...compensation for the damage is payable.
Compensation is payable out of money appropriated by the Parliament for the purpose.
59(2) Compensation for damage to electronic equipment
Occupier must provide warning or guidance about equipment operation.
59(3) Compensation for damage to electronic equipment
This Act extends to each external Territory.
6 External Territories
6 Apr 2001
international-war-crimes-tribunals-act-1995.pdf, p.85
60 Copies of seized things to be provided
Must provide a copy of seized documents or information to the occupier upon request.
60(1) Copies of seized things to be provided
Exemption from subsection (1) for certain seizures
60(2) Copies of seized things to be provided
61 Occupier entitled to be present during search
Occupier entitled to be present during search
61(1) Occupier entitled to be present during search
The search occurs during the presence of the occupier
Search occurs during the presence of the occupier
(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.
The occupier's entitlement to be present during the search is established
Occupier's entitlement to be present during search
The occupier has the right to be present during the search
Occupier has right to be present during search
The search is recurring or ordered during the presence of the occupier
Right to observe search ceases if impedes search.
61(2) Occupier entitled to be present during search
61(3) Occupier entitled to be present during search
Section 61(3) overlaps with other sections
(3) This section does not prevent 2 or more areas of the premises being searched at the same time.
Section 61(3) recognizes right to presence during search
Recognition of right to presence during search
Right of occupier to presence during search
Right to presence during search diffuses to other sections
Diffusion of right to presence during search
Section 61(3) has a recurring trace with other sections
62 Receipts for things seized under warrant
international-war-crimes-tribunals-act-1995.pdf, p.87
63 Searches without warrant in emergency situations
Police officers can conduct warrantless searches in emergency situations under certain conditions.
63(1) Searches without warrant in emergency situations
Emergency situations overlap with warrantless searches.
Describes the temporal overlap between emergency situations and warrantless searches.
(c) it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.
Prohibits warrantless searches without emergency justification.
(a) evidential material is in or on a conveyance; and (b) it is necessary to exercise a power under subsection (2) in order to prevent the material from being concealed, lost or destroyed;
Police officers have an obligation to act in emergencies.
Imposes an obligation on police officers to exercise power under subsection (2) in emergency situations.
Police officers have permission to act without warrants.
Grants permission for police officers to exercise power under subsection (2) without a warrant in emergency situations.
Describes the recurring nature of emergency situations that justify warrantless searches.
Police officer may not search without warrant in emergency situations.
63(2) Searches without warrant in emergency situations
Seize material or thing if suspected to be relevant to an offence against an Australian law under certain circumstances.
63(3) Searches without warrant in emergency situations
Emergency situation ends, and seizure must be lifted.
Seizure of material or thing occurs during emergency situation.
Police Officer searches for material in emergency situation.
Concealment, loss, or destruction must be prevented.
Seizure of material or thing implies that it is necessary to prevent its concealment, loss, or destruction.
Police Officer seizes the material or thing.
Permission to seize material or thing under certain circumstances.
Police Officer suspects on reasonable grounds that it is necessary to seize the material or thing.
Police Officer must believe on reasonable grounds that seizing the material or thing is necessary.
Police Officer suspects that it is necessary to seize the material or thing.
Circumstances may change, and seizure must be lifted.
Seizure of material or thing is allowed until circumstances change.
Police officer must exercise powers subject to section 64.
63(4) Searches without warrant in emergency situations
The police officer must exercise powers within these circumstances.
The police officer's powers overlap with section 64.
Section 64 defines a specific set of circumstances under which the police officer may exercise their powers.
Without these limits, exercising powers would be unjustified.
Exercising powers without section 64 is implied to be prohibited.
Section 64 defines the limits of the police officer's powers.
This ensures that the police officer acts in accordance with the law.
Section 64 enforces the police officer's powers.
The police officer must exercise their powers within these limits.
Without this definition, the police officer's powers would be unclear.
The police officer's powers are diffused by section 64.
Section 64 defines the scope of the police officer's authority.
Police officer must exercise power under section 63 in relation to conveyance.
64 How a police officer exercises a power under section 63
international-war-crimes-tribunals-act-1995.pdf, p.89
65 Power to enter premises to arrest person
Police officer may not enter premises without power to arrest.
65(1) Power to enter premises to arrest person
there is a temporal overlap between entering and searching.
Temporal overlap between entering and searching.
the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances;
the premises and persons are represented in knowledge.
Knowledge representation of premises and persons.
(b) the police officer believes on reasonable grounds that the person is on any premises;
the police officer may not enter the premises.
Prohibition of entering premises without power.
(a) a police officer has, under this Act or pursuant to a warrant issued under this Act, power to arrest a person;
information about the premises is diffused through the police officer's actions.
Diffusion of information about premises.
there is a recurring trace of the police officer's actions.
Recurring trace of police officer's actions.
Police officer cannot enter dwelling house during certain hours without reasonable grounds.
65(2) Power to enter premises to arrest person
The restriction on entering dwelling house applies during the period commencing at 9 p.m. and ending at 6 a.m.
Restriction applies during specific time interval
(2) A police officer must not enter a dwelling house under subsection (1)
Prohibition on entering dwelling house during certain hours
Prohibition of entering dwelling house during certain hours
Police officer must not enter dwelling house under subsection (1)
The police officer must have reasonable grounds to enter the dwelling house during the restricted period
Police officer must have reasonable grounds to enter dwelling house
The police officer must believe on reasonable grounds to enter the dwelling house during the restricted period
Police officer must believe on reasonable grounds to enter dwelling house
The restriction on entering dwelling house is during the period commencing at 9 p.m. and ending at 6 a.m.
Defines dwelling house for purposes of arrest
65(3) Power to enter premises to arrest person
dwelling house includes a conveyance, and a room in a hotel...
Conveyance or room is subclass of dwelling house
Use of force in making arrest must be reasonable and necessary.
66 Use of force in making arrest
Obligation to use force in making arrest
international-war-crimes-tribunals-act-1995.pdf, p.90
67 Persons to be informed of grounds of arrest
Informing grounds of arrest upon arrest.
67(1) Persons to be informed of grounds of arrest
Inform other person of grounds of arrest
67(2) Persons to be informed of grounds of arrest
Inform other person of substance of Tribunal offence in certain circumstances.
67(3) Persons to be informed of grounds of arrest
...he or she should know the substance of the Tribunal offence...
Temporal relation between arrest and information provision
(3) Subsection (1) does not apply to the arrest of...
Implication of knowledge on duty to inform
Subsection (1) does not apply to the arrest of...
Representation of knowledge in the context of arrest
Propagation of knowledge through actions
the other person’s actions make it impracticable for the person making the arrest...
international-war-crimes-tribunals-act-1995.pdf, p.91
Police officer may conduct frisk search of arrested person if reasonable grounds exist.
68 Power to conduct a frisk search of an arrested person
Police officer may conduct ordinary search of arrested person if suspecting they carry evidential material or seizable item.
69 Power to conduct an ordinary search of an arrested person
Search may be conducted at or soon after the time of arrest
Search may be conducted at time of arrest or shortly thereafter
Search may be conducted if suspecting evidential material or seizable item
Conducting search is justified if suspecting evidential material or seizable item
Suspecting evidential material or seizable item justifies search
Search is related to cognitive processing of arrested person's activities
Arrested person's activities are relevant for search
Police officer has authority to conduct search
Search is related to diffusion of information about arrested person's activities
international-war-crimes-tribunals-act-1995.pdf, p.19
Chapter 2 of the Criminal Code applies to all offences against this Act.
6A Application of the Criminal Code
international-war-crimes-tribunals-act-1995.pdf, p.20
7 Tribunal may request assistance
Request for assistance must be made to the Attorney-General
7(1) Tribunal may request assistance
Tribunal may request assistance of various types.
7(2) Tribunal may request assistance
Tribunal's request for assistance is taken to have been made to the Attorney-General.
7(3) Tribunal may request assistance
Police officer may not seize things in plain view at premises without reasonable grounds.
70 Power to conduct search of arrested person’s premises
Prohibition of seizure without reasonable grounds.
international-war-crimes-tribunals-act-1995.pdf, p.92
71 Power to conduct an ordinary search or strip search
Police officer may conduct an ordinary search or strip search on a person arrested under this Act.
71(1) Power to conduct an ordinary search or strip search
Police officer must conduct an ordinary search or strip search.
Police officers are prohibited from conducting strip searches without approval from a superintendent or higher.
71(2) Power to conduct an ordinary search or strip search
Prohibition of strip searches without approval
Police officers must have approval from a superintendent or higher to conduct a strip search.
Consent in writing required for strip search
71(3) Power to conduct an ordinary search or strip search
A strip search may be conducted in the presence of a medical practitioner.
71(4) Power to conduct an ordinary search or strip search
May conduct strip search in presence of medical practitioner.
Approval may be obtained by telephone, telex, fax or other electronic means.
71(5) Power to conduct an ordinary search or strip search
Police officer must make a record of decision and reasons.
71(6) Power to conduct an ordinary search or strip search
Use of force necessary and reasonable in circumstances for strip search
71(7) Power to conduct an ordinary search or strip search
Obligation to use force necessary and reasonable
Seizure of certain items during strip search
71(8) Power to conduct an ordinary search or strip search
international-war-crimes-tribunals-act-1995.pdf, p.93
Strip search must be conducted under certain conditions.
72 Rules for conduct of strip search
Prohibits strip search in certain conditions.
international-war-crimes-tribunals-act-1995.pdf, p.95
73 Conduct of ordinary searches and frisk searches
Must conduct search by person of same sex as the person being searched.
73(1) Conduct of ordinary searches and frisk searches
Obligation to conduct search by same sex
Officer assisting who is not a police officer must not take part in ordinary search or frisk search of a person under this Part.
73(2) Conduct of ordinary searches and frisk searches
74 Announcement before entry
Police officer must announce before entering premises under warrant or to arrest person.
74(1) Announcement before entry
Police officer not required to comply with subsection (1) under certain conditions.
74(2) Announcement before entry
...or that the effective execution of the warrant or the arrest is not frustrated.
(a) the safety of a person (including the police officer); or
if he or she believes on reasonable grounds...
(2) A police officer is not required to comply with subsection (1)
...if he or she believes on reasonable grounds...
Temporal relationship between conditions
Making false statements in warrant applications is prohibited.
75 Offence for making false statements in warrants
Prohibits making false statements in warrant applications.
international-war-crimes-tribunals-act-1995.pdf, p.96
Prohibits certain actions related to telephone warrants.
76 Offences relating to telephone warrants
77 Retention of things seized
Police officer must deliver seized thing to Commissioner of Australian Federal Police.
77(1) Retention of things seized
The Commissioner must inform and retain a thing pending the Attorney-General's direction.
77(2) Retention of things seized
The Commissioner must perform an action.
The Attorney-General may give the Commissioner a direction on how to deal with a thing.
77(3) Retention of things seized
The Commissioner must send a thing to a Tribunal upon direction.
77(4) Retention of things seized
Return seized thing if reason for seizure no longer exists or thing is not needed in evidence.
77(5) Retention of things seized
If the time period of the reason for seizure has passed, the thing must be returned
Return seized thing if reason for seizure no longer exists or thing is not needed in evidence
The Attorney-General must direct the Commissioner to return the thing
Reason for seizure no longer exists or thing is not needed in evidence.
The thing can be forfeited or forfeitable
Thing can be forfeited or forfeitable if reason for seizure still exists
Unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
Thing must not be used in evidence by a Tribunal or in respect of criminal proceedings in Australia if reason for seizure no longer exists
It is decided that the thing is not to be used in evidence by a Tribunal or in respect of criminal proceedings in Australia.
If the condition is met, the thing must be returned until it's no longer needed
international-war-crimes-tribunals-act-1995.pdf, p.98
78 Arrest of persons escaping from custody
Police officer may arrest person without warrant if reasonable grounds to believe escaped from custody.
78(1) Arrest of persons escaping from custody
Temporal interval of escape from custody relevant to arrest
Arrest is justified if reasonable grounds exist.
Arrest is conditional on reasonable grounds
Police officer has reasonable grounds to believe person escaped from custody.
Belief of police officer is sufficient for arrest
Police officer believes person escaped from custody.
Arrest without warrant is a traceable event.
Arrest without warrant is a traceable event
Police officer arrests person without warrant.
Police officer must take person before magistrate.
78(2) Arrest of persons escaping from custody
The taking of the person before a magistrate occurs before the person is taken into custody.
The police officer must take the person before a magistrate as soon as practicable.
The police officer taking the person before a magistrate implies that the person will be brought to justice.
If the police officer takes the person before a magistrate, then the person will be brought to justice.
The taking of the person before a magistrate requires expertise in law enforcement.
The police officer must take the person before a magistrate because it requires expertise in law enforcement.
The police officer has a duty to take the person before a magistrate.
The taking of the person before a magistrate spreads to other authorities and officials.
If the police officer takes the person before a magistrate, then the news of the arrest spreads to others.
Magistrate may issue warrant for police officer to return escaped person to custody.
78(3) Arrest of persons escaping from custody
Warrant issued for police officer to return person.
Magistrate satisfied person has escaped custody.
79 Arrest of person released on bail
Police officer may arrest person released on bail if reasonable grounds exist.
79(1) Arrest of person released on bail
Must bring arrested person before court as soon as practicable
79(2) Arrest of person released on bail
must, as soon as practicable, be brought before the court by which the person was admitted to bail.
Temporal interval between arrest and bringing arrested person before court
(2) A person arrested under subsection (1)
Arrested person's obligation to be brought before court is a necessary condition for CogAI's decision-making process
Obligation to bring arrested person before court
Arrested person's obligation to be brought before court is a necessary condition for diffusion of responsibility
Temporal interval between arrest and bringing arrested person before court is a necessary condition for obligation
8 Form of requests
Mandatory commencement of Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026
8 Dec 2018
Request must be in writing and specify certain details.
8(1) Form of requests
Obligation to provide request in writing.
Request for investigation or prosecution must specify certain details.
8(2) Form of requests
Requires specification of certain details.
Failure to comply does not invalidate a request.
8(3) Form of requests
Request validity is unaffected by non-compliance
Prohibits arrest and custody under Commonwealth law for crimes committed outside Australia.
80 Aiding persons to escape etc.
international-war-crimes-tribunals-act-1995.pdf, p.99
81 Legal assistance
A person may apply for assistance from the Attorney-General in a proceeding.
81(1) Legal assistance
Describes the temporal relationship between a person's actions.
(a) has instituted, or proposes to institute, a proceeding before a magistrate or a court under this Act...
Asserts the applicability of the provision.
Describes the impact of the provision on others.
Authority for Attorney-General to grant legal or financial assistance
81(2) Legal assistance
...the Attorney-General may authorise provision by the Commonwealth...
(2) If the Attorney-General is satisfied...
Conditions for granting legal assistance
81(3) Legal assistance
82 Arrangements with States
Governor-General may make arrangements with Governor of a State regarding administration of the Act.
82(1) Arrangements with States
Governor-General may arrange with Governor of a State for variation or revocation of arrangement.
82(2) Arrangements with States
References annexed documents and resolutions.
827 S/RES/827 (1993); and
international-war-crimes-tribunals-act-1995.pdf, p.100
Attorney-General may delegate powers under this Act to an officer.
83 Delegation
Delegation occurs during the Attorney-General's term.
The Attorney-General may delegate to an officer of the Attorney-General’s Department all or any of his or her powers under this Act, other than:
An officer is authorized to act on behalf of the Attorney-General.
The Attorney-General may delegate to an officer of the Attorney-General’s Department all or any of his or her powers under this Act.
Delegation is diffused through the Attorney-General's department.
Delegation ends when the Attorney-General's term ends.
Provision of assistance under other laws is allowed
84 Act not to limit other provision of assistance
international-war-crimes-tribunals-act-1995.pdf, p.101
Governor-General may make regulations not inconsistent with this Act.
85 Regulations
Governor-General has the power to make regulations.
9 Notice by Attorney-General
The Attorney-General must provide notice to a magistrate upon receiving a request for surrender from a Tribunal.
9(1) Notice by Attorney-General
Notice provided to magistrate after request received
Temporal relationship: Request received before notice provided
A copy of the arrest warrant must be attached to the notice.
9(2) Notice by Attorney-General
Must provide a copy of the arrest warrant.
International War Crimes Tribunals Act 1995