Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision C—Production orders relating to crimes within the jurisdiction of the ICC


85 Requests for production orders

(1) If:
(a) the request from the ICC referred to in section 81 involves the issue of a production order requiring that a property tracking document be produced or made available for inspection in accordance with Australian law; 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) there are reasonable grounds for suspecting that a property tracking document in relation to the crime is located in Australia;
the Attorney General may authorise an authorised officer of an enforcement agency to apply to a magistrate of a specified State or Territory for a production order under the Proceeds of Crime Act in respect of the crime for the purpose of obtaining possession of the property tracking document.

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 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision C—Production orders relating to crimes within the jurisdiction of the ICC

85 Requests for production orders

(1) If:

(a) the request from the ICC referred to in section 81 involves the issue of a production order requiring that a property-tracking document be produced or made available for inspection in accordance with Australian law; and

(b) the Attorney-General is satisfied that:

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

there are reasonable grounds for suspecting that a property-tracking document in relation to the crime is located in Australia;

the Attorney-General may authorise an authorised officer of an enforcement agency to apply to a magistrate of a specified State or Territory for a production order under the Proceeds of Crime Act in respect of the crime for the purpose of obtaining possession of the property-tracking document.

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:
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties