Document ID: chunk:federal_register_of_legislation:F2018C00855:reg:10:p6
Version: federal_register_of_legislation:F2018C00855
Segment Type: reg
Provision Reference: reg 10 (pt 6/14)
Character Range: 21354–24376

OF AUSTRALIA

International War Crimes Tribunals Act 1995

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
(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