Document ID: chunk:federal_register_of_legislation:C2021C00313:section:177
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 177
Character Range: 210454–211597

177  Special rules in certain cases
 (1) An ICC prisoner serving a sentence in Australia may:
 (a) be extradited to a foreign country in accordance with the Extradition Act 1988 either:
 (i) after the completion of, or release from, the sentence; or
 (ii) during the sentence, but only for a temporary period; or
 (b) be required to remain in Australia in order to serve a sentence that he or she is liable to serve under Australian law.
 (2) Despite subsection (1):
 (a) a person to whom paragraph (1)(a) applies may not, without the prior agreement of the ICC, be extradited to a foreign country; and
 (b) a person to whom paragraph (1)(b) applies may not, without the prior agreement of the ICC, be prosecuted or punished in Australia;
for an offence constituted by an act or omission that occurred before the making of the relevant designation referred to in paragraph 162(1)(c).
 (3) Subsection (2) does not apply to a person who:
 (a) remains voluntarily in Australia for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or
 (b) voluntarily returns to Australia after having left it.