Part 2—General provisions relating to requests by the ICC for cooperation

7 What constitutes a request for cooperation

(1) A request for cooperation is a request made by the ICC to Australia, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, for:

(a) assistance in connection with any one or more of the following:

(xi) the protection of victims or witnesses or the preservation of evidence;

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


54 Postponement where ongoing Australian investigation or prosecution would be interfered with

(4) If the Attorney General decides to postpone the execution of a request and the ICC requests assistance in the preservation of evidence under paragraph 1(j) of article 93 of the Statute, the Attorney General must deal with the request in accordance with this Part.

Part 4—Other requests by ICC

Division 13—Protecting victims and witnesses and preserving evidence


80 Protecting victims and witnesses and preserving evidence

(1) This section applies if:

(a) the ICC requests assistance in protecting victims or witnesses or preserving evidence; and
(b) the Attorney General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the assistance sought is not prohibited by Australian law.

(2) The Attorney General is to execute the request by authorising, in writing, the provision of the assistance.

(3) If the Attorney General authorises the provision of the assistance, an appropriate authority is to:

(a) give effect to the request; and
(b) prepare such report on his or her efforts as he or she considers to be appropriate in the circumstances; and
(c) send the report to the Attorney General.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 3—Restrictions on provision of assistance

54 Postponement where ongoing Australian investigation or prosecution would be interfered with

If the Attorney-General decides to postpone the execution of a request and the ICC requests assistance in the preservation of evidence under paragraph 1(j) of article 93 of the Statute, the Attorney-General must deal with the request in accordance with this Part.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 13—Protecting victims and witnesses and preserving evidence

80 Protecting victims and witnesses and preserving evidence

(1) This section applies if:
the ICC requests assistance in protecting victims or witnesses or preserving evidence; and

the Attorney-General is satisfied that:

the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

the assistance sought is not prohibited by Australian law.

(2) The Attorney-General is to execute the request by authorising, in writing, the provision of the assistance.

(3) If the Attorney-General authorises the provision of the assistance, an appropriate authority is to:
give effect to the request; and

prepare such report on his or her efforts as he or she considers to be appropriate in the circumstances; and

send the report to the Attorney-General.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(i) The provision of records and documents, including official records and documents