Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p264
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 264/268)
Character Range: 1040577–1043297

of jurisdiction of International Criminal Court
 (1) A person must not:
 (a) intentionally contravene an order that the International Criminal Court makes while sitting in Australia; or
 (b) otherwise intentionally hinder the International Criminal Court in performing its functions while sitting in Australia.
Penalty: Imprisonment for 2 years.
 (2) In this section:
Australia includes all the external Territories.

268.120  Saving of other laws
  This Division is not intended to exclude or limit any other law of the Commonwealth or any law of a State or Territory.

268.121  Bringing proceedings under this Division
 (1) Proceedings for an offence under this Division must not be commenced without the Attorney‑General's written consent.
 (2) An offence against this Division may only be prosecuted in the name of the Attorney‑General.
 (3) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.

268.122  Attorney‑General's decisions in relation to consents to be final
 (1) Subject to any jurisdiction of the High Court under the Constitution, a decision by the Attorney‑General to give, or to refuse to give, a consent under section 268.121:
 (a) is final; and
 (b) must not be challenged, appealed against, reviewed, quashed or called in question; and
 (c) is not subject to prohibition, mandamus, injunction, declaration or certiorari.
 (2) The reference in subsection (1) to a decision includes a reference to the following:
 (a) a decision to vary, suspend, cancel or revoke a consent that has been given;
 (b) a decision to impose a condition or restriction in connection with the giving of, or a refusal to give, a consent or to remove a condition or restriction so imposed;
 (c) a decision to do anything preparatory to the making of a decision to give, or to refuse to give, a consent or preparatory to the making of a decision referred to in paragraph (a) or (b), including a decision for the taking of evidence or the holding of an inquiry or investigation;
 (d) a decision doing or refusing to do anything else in connection with a decision to give, or to refuse to give, a consent or a decision referred to in paragraph (a), (b) or (c);
 (e) a failure or refusal to make a decision whether or not to give a consent or a decision referred to in a paragraph (a), (b), (c) or (d).
 (3) Any jurisdiction of the High Court referred to in subsection (1) is exclusive of the jurisdiction of any other court.

268.123  Legal representation
  The provisions of section 12 (other than subsection 12(2)) of the Geneva Conventions Act 1957 apply in relation to the trial of a person for