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

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

11 Consultations with ICC

(2) Before refusing a request for assistance of a kind mentioned in paragraph 1(l) of article 93 of the Statute, the Attorney-General must consult with the ICC to ascertain whether the assistance requested could be provided:

(a) subject to conditions; or

(b) at a later date or in an alternative manner.

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

53 Procedure if assistance precluded under Australian law

If: the execution of a particular measure of assistance specified in a request for cooperation is prohibited in Australia; and

the Attorney-General consults with the ICC in accordance with subsection 11(2) in respect of the request; and

the matter is not resolved but the ICC modifies the request so that it can be dealt with under this Act;
the Attorney-General must deal with the request accordingly.

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

Before making a decision to postpone the execution of a request, the Attorney-General must consider whether the assistance could be provided immediately subject to conditions.

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

56 Competing requests

(2) For the purposes of subsection (1), the Attorney-General may do either or both of the following:

attach conditions to the provision of assistance under either or both of the requests.

Article 93
Other forms of cooperation
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.