House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)

Outline and financial impact

Outline

This Bill amends the Criminal Code Act 1995 (Criminal Code) to:

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create offences in Australia that are the equivalent of the crimes of genocide, crimes against humanity and war crimes in the International Criminal Court Statute, so that Australia retains the right and power to prosecute any person accused of a crime under the Statute in Australia rather than surrender that person for trial in the International Criminal Court;

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create offences in Australia relating to crimes against the administration of justice of the International Criminal Court; and

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establish various legal principals to be applied in prosecuting these offences, such as command responsibility, the defence of superior orders, jurisdiction and Parliament's intention that the jurisdiction of the International Criminal Court is to be complementary to Australia's.

The Bill also makes consequential amendments to the Director of Public Prosecutions Act 1983, the Geneva Conventions Act 1957, the Migration Act 1958, the Telecommunications (Interceptions) Act 1979 and the Witness Protection Act 1994.

Financial Impact Statement

There are no direct financial impacts from this Bill.