Document ID: chunk:federal_register_of_legislation:C2021C00313:section:163
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 163
Character Range: 195966–197532

163  Governmental consent to acceptance of designation
 (1) Before accepting the designation, the Attorney‑General is to determine the State in which it would be most appropriate for the ICC prisoner to serve the sentence of imprisonment imposed by the ICC and is to seek the consent of the State Minister concerned.
 (2) The Attorney‑General is to provide the State Minister with particulars of any information that the ICC has given to the Attorney‑General.
 (3) As soon as possible after receiving the particulars, the State Minister is to inform the Attorney‑General in writing whether the State Minister consents to the sentence being served in the State.
 (4) If the State Minister refuses to consent to the sentence being served in the State, the Attorney‑General may seek the consent of another State Minister to the sentence being served in the State concerned.
 (5) If a State Minister consents to the sentence being served in the State, that Minister is to notify the Attorney‑General of:
 (a) the prison, or hospital or other place, in which the ICC prisoner is to serve the sentence in accordance with this Part in the State; and
 (b) any other matters that the State Minister considers relevant to the service of the sentence in the State.
Note: An ICC prisoner may be transferred from the prison, hospital or other place in the State in which he or she begins to serve a sentence of imprisonment to another prison, hospital or other place in the State or to a prison, hospital or other place in another State (see paragraphs 172(5)(c), (d) and (h)).