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:

(b) any other type of assistance that is not prohibited by Australian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC and the enforcement of orders of the ICC made after convictions for such crimes.

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.

Part 4—Other requests by ICC

Division 15—Other types of assistance


(2) The Attorney General must refuse the request if the request is prohibited by Australian law and:
(a) the ICC does not modify the request as contemplated by paragraph 3 of article 93 of the Statute and section 53; or
(b) the assistance requested cannot be provided in a way referred to in paragraph 5 of article 93 of the Statute and subsection 11(2) or can only be provided subject to conditions that the ICC does not accept.

(3) If subsection (2) does not apply, the Attorney General is to execute the request by authorising, in writing, the provision of the assistance.
103 Other types of assistance

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

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:

(b) any other type of assistance that is not prohibited by Australian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC and the enforcement of orders of the ICC made after convictions for such crimes.

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 15—Other types of assistance

103 Other types of assistance

(3) If subsection (2) does not apply, the Attorney-General is to execute the request by authorising, in writing, the provision of the assistance.

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 15—Other types of assistance

103 Other types of assistance

(1) This section applies if:

the ICC requests any type of assistance referred to in paragraph 7(1)(b); and

the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.

(2) The Attorney-General must refuse the request if the request is prohibited by Australian law and:
the ICC does not modify the request as contemplated by paragraph 3 of article 93 of the Statute and section 53; or

the assistance requested cannot be provided in a way referred to in paragraph 5 of article 93 of the Statute and subsection 11(2) or can only be provided subject to conditions that the ICC does not accept.

(3) If subsection (2) does not apply, the Attorney-General is to execute the request by authorising, in writing, the provision of the assistance.

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

take such action as the authority thinks appropriate in the particular case; and

prepare a written report with respect to the action taken; 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:
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.