Document ID: chunk:federal_register_of_legislation:C2021C00313:section:160
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 160
Character Range: 193080–194664

160  Australia may agree to act as State of enforcement
 (1) The Attorney‑General may notify the ICC that Australia is willing to allow persons who are ICC prisoners to serve their sentences in Australia subject to such conditions (the enforcement conditions) as Australia imposes and are specified in the instrument of notification.
 (2) The enforcement conditions that may be imposed include, but are not limited to:
 (a) a condition that, unless the Attorney‑General determines that it is not necessary in a particular case, the ICC prisoner or his or her representative has consented in writing to the sentence being served in Australia; and
 (b) a condition that the appropriate Ministerial consent has been given to the sentence being served in Australia; and
 (c) a condition that any appeal or application for revision in respect of the sentence or in respect of the conviction on which it is based has been heard and determined or the period for bringing such an appeal or application has expired; and
 (d) a condition that:
 (i) on the day of receipt by Australia of the relevant designation under article 103 of the Statute, at least 6 months of the ICC prisoner's sentence remains to be served; or
 (ii) if a shorter period remains to be served on that day, the Attorney‑General has determined that, in the circumstances, transfer of the ICC prisoner to Australia for a shorter period is acceptable.
 (3) The Attorney‑General may, at any time, notify the ICC that Australia withdraws a condition specified in the instrument of notification referred to in subsection (1).