Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT (LAW ENFORCEMENT INTEGRITY, VULNERABLE WITNESS PROTECTION AND OTHER MEASURES) ACT 2013 (NO. 74, 2013) - SCHEDULE 5

International Transfer of Prisoners Act 1997

1  Subsection 4(1) (definition of Former Yugoslavia Tribunal )

Repeal the definition, substitute:

"Former Yugoslavia Tribunal" :

                     (a)  means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by United Nations Security Council Resolution 827 S/RES/827 (1993); and

                     (b)  includes the organs referred to in Article 11 of the Statute of the Tribunal.

Note:          In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).

2  Subsection 4(1)

Insert:

"International Residual Mechanism for Criminal Tribunals" :

                     (a)  means the International Residual Mechanism for Criminal Tribunals, established by United Nations Security Council Resolution 1966 S/RES/1966 (2010); and

                     (b)  includes the organs referred to in Article 4 of the Statute of the Tribunal.

Note 1:       In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).

Note 2:       The United Nations Security Council decided on 22 December 2010 to establish this Mechanism to carry out residual functions of the Former Yugoslavia Tribunal and the Rwanda Tribunal.

3  Subsection 4(1) (definition of Rwanda Tribunal )

Repeal the definition, substitute:

"Rwanda Tribunal" :

                     (a)  means the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by United Nations Security Council Resolution 955 S/RES/955 (1994); and

                     (b)  includes the organs referred to in Article 10 of the Statute of the Tribunal.

Note:          In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).

4  Subsection 4(1) (definition of Statute of the Tribunal )

Repeal the definition, substitute:

"Statute of the Tribunal" means:

                     (a)  for the Former Yugoslavia Tribunal--the Statute of the Tribunal:

                              (i)  adopted by United Nations Security Council Resolution 827 S/RES/827 (1993); and

                             (ii)  annexed to the United Nations Secretary-General's report S/25704 (1993) given pursuant to paragraph 2 of United Nations Security Council Resolution 808 S/RES/808 (1993); and

                     (b)  for the Rwanda Tribunal--the Statute of the Tribunal annexed to (and adopted by) United Nations Security Council Resolution 955 S/RES/955 (1994); and

                     (c)  for the International Residual Mechanism for Criminal Tribunals--the Statute of the Mechanism in Annex 1 to (and adopted by) United Nations Security Council Resolution 1966 S/RES/1966 (2010).

Note:          In 2013, the text of United Nations Security Council resolutions and United Nations Secretary-General reports was accessible through the United Nations website (www.un.org).

5  Subsection 4(1) (at the end of the definition of Tribunal )

Add:

               ; or (c)  the International Residual Mechanism for Criminal Tribunals.

6  Subsection 4(1) (at the end of the definition of Tribunal offence )

Add:

               ; or (c)  an offence in relation to which the International Residual Mechanism for Criminal Tribunals has the power to prosecute persons under Article 1 of the Statute of the Tribunal.

International War Crimes Tribunals Act 1995

7  Section 4 (definition of Former Yugoslavia Tribunal )

Repeal the definition, substitute:

"Former Yugoslavia Tribunal" :

                     (a)  means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by United Nations Security Council Resolution 827 S/RES/827 (1993); and

                     (b)  includes the organs referred to in Article 11 of the Statute of the Tribunal.

Note:          In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).

8  Section 4

Insert:

"International Residual Mechanism for Criminal Tribunals" :

                     (a)  means the International Residual Mechanism for Criminal Tribunals, established by United Nations Security Council Resolution 1966 S/RES/1966 (2010); and

                     (b)  includes the organs referred to in Article 4 of the Statute of the Tribunal.

Note 1:       In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).

Note 2:       The United Nations Security Council decided on 22 December 2010 to establish this Mechanism to carry out residual functions of the Former Yugoslavia Tribunal and the Rwanda Tribunal.

9  Section 4 (definition of Rwanda Tribunal )

Repeal the definition, substitute:

"Rwanda Tribunal" :

                     (a)  means the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by United Nations Security Council Resolution 955 S/RES/955 (1994); and

                     (b)  includes the organs referred to in Article 10 of the Statute of the Tribunal.

Note:          In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).

10  Section 4 (definition of Statute of the Tribunal )

Repeal the definition, substitute:

"Statute of the Tribunal" means:

                     (a)  for the Former Yugoslavia Tribunal--the Statute of the Tribunal:

                              (i)  adopted by United Nations Security Council Resolution 827 S/RES/827 (1993); and

                             (ii)  annexed to the United Nations Secretary-General's report S/25704 (1993) given pursuant to paragraph 2 of United Nations Security Council Resolution 808 S/RES/808 (1993); and

                     (b)  for the Rwanda Tribunal--the Statute of the Tribunal annexed to (and adopted by) United Nations Security Council Resolution 955 S/RES/955 (1994); and

                     (c)  for the International Residual Mechanism for Criminal Tribunals--the Statute of the Mechanism in Annex 1 to (and adopted by) United Nations Security Council Resolution 1966 S/RES/1966 (2010).

Note:          In 2013, the text of United Nations Security Council resolutions and United Nations Secretary-General reports was accessible through the United Nations website (www.un.org).

11  Section 4 (at the end of the definition of Tribunal )

Add:

               ; or (c)  the International Residual Mechanism for Criminal Tribunals.

12  Section 4 (at the end of the definition of Tribunal offence )

Add:

               ; or (c)  an offence for which the International Residual Mechanism for Criminal Tribunals has the power to prosecute persons under Article 1 of the Statute of the Tribunal.

13  At the end of subsection 42(3)

Add:

               ; or (c)  in the case of the International Residual Mechanism for Criminal Tribunals--Article 13 of the Statute of the Tribunal.

14  Schedules 1 to 4

Repeal the Schedules.

15  Application of amendments

All of the following:

                     (a)  the amendments made by items 2, 5, 6, 8 and 11 to 13 of this Schedule;

                     (b)  paragraph (c) of the definition of Statute of the Tribunal in subsection 4(1) of the International Transfer of Prisoners Act 1997 (as inserted by this Schedule);

                     (c)  paragraph (c) of the definition of Statute of the Tribunal in section 4 of the International War Crimes Tribunals Act 1995 (as inserted by this Schedule);

apply on or after the day this Schedule commences in relation to requests, or orders, made by the International Residual Mechanism for Criminal Tribunals before, on or after that day.