Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)Notes on Clauses
List of Abbreviations
Code | Criminal Code |
Covenant | International Covenant on Civil and Political Rights |
ICC | International Criminal Court |
ICC Act | International Criminal Court Act 2002 |
Statute | Rome Statute of the International Criminal Court |
Clause 1: Short title
The short title of this Act is the International Criminal Court (Consequential Amendments) Act 2002.
Clause 2: Commencement
This clause provides that sections 1, 2 and 3 of this Act commence on the day on which the Act receives Royal Assent.
Schedules 1 to 7 of this Act commence on the day on which the operative parts (Parts 2 to 14) of the ICC Act commence.
Section 2 of the ICC Act states that Parts 2 to 14 of that Act commence on a day to be fixed by Proclamation, but that such a date shall not be prior to the day on which the Statute enters into force in Australia. If Parts 2 to 14 of the ICC Act have not commenced within 1 month of the Statute entering into force in Australia, then they commence on the first day after the end of the 1-month period.
The amendments in the Schedules to this Act and the provisions in the ICC Act must come into force promptly after the entry into force of the Statute in Australia to ensure Australia's compliance with its obligations under the Statute and its ability to take full advantage of the principle of complementarity.
Clause 3: Schedule(s)
This clause provides that, subject to the commencement provision, each Act that is specified in a Schedule is amended as set out in that Schedule.