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 .
(2) Even if subsection (1) applies to a request for cooperation, the Attorney-General may decide not to postpone the execution of the request and, in that event, the request must be dealt with in accordance with this Part.
(3) If the Attorney-General postpones the execution of the request for cooperation, the postponement may be for a reasonable period and may, if the Attorney-General considers it desirable, be extended from time to time.
Postponement of execution of ICC request
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