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

54 Postponement where ongoing Australian investigation or prosecution would be interfered with

54 Postponement where ongoing Australian investigation or prosecution would be interfered with
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.

Despite subsection 52(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.

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.

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.

Keywords

Postponement of execution of ICC request
Postponement - ongoing investigation or prosecution



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