Australia

International Criminal Court Act (2002), No. 41, 2002

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

52 Postponement of execution of request

(1) The Attorney-General may postpone the execution of a request for cooperation if, and only if:
the execution of the request would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct to which the request relates, and section 54 applies; or

a determination of admissibility is pending before the ICC, and section 55 applies; or

there are competing requests from the ICC and from a foreign country to which Australia is under an international obligation, and paragraph 56(2)(a) applies; or

the request is for assistance under paragraph 1(l) of article 93 of the Statute, and subsection 11(2) applies; or

the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.

Keywords

Admissibility challenge - competing request
Postponement - admissibility challenge



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