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
(1) If the immediate execution of a request for cooperation would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct to which the request relates, the Attorney General may postpone the execution of the request for a period agreed between the Attorney General and the ICC.
(2) Despite subsection 52(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3) 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.
(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.
Postponement - ongoing investigation or prosecution
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