Document ID: chunk:federal_register_of_legislation:C2021C00313:section:178
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 178
Character Range: 211597–212777

178  Extradition of escaped ICC prisoner
 (1) If:
 (a) an ICC prisoner serving a sentence in a foreign country escapes from custody and is located in Australia; and
 (b) the foreign country makes a request to Australia for the person's surrender in accordance with article 111 of the Statute;
the Extradition Act 1988 applies to the request:
 (c) subject to necessary limitations, conditions, exceptions or qualifications; and
 (d) as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).
 (2) If:
 (a) an ICC prisoner serving a sentence in Australia escapes from custody and is located in a foreign country; and
 (b) the Attorney‑General wishes to make a request to that country for the person's surrender in accordance with article 111 of the Statute;
the Attorney‑General may request the person's extradition under the Extradition Act 1988, and that Act applies:
 (c) with any necessary limitations, conditions, exceptions or qualifications; and
 (d) as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).

Part 13—Requests by Australia to ICC