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 7—Service of documents
72 Assistance in arranging service of documents
(1) This section applies if:
the ICC requests assistance in arranging for the service of a document in Australia; and
the Attorney-General is satisfied that:
the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
the person is or may be in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing, the service of the document.
(3) If the Attorney-General authorises the service of the document, an appropriate authority is to:
(a) cause the document to be served:
in accordance with any procedure specified in the request; or
if that procedure would be unlawful or inappropriate in Australia, or no procedure is specified—in accordance with Australian law;
and send to the Attorney-General a certificate stating that the document has been served; or
(b) if the document is not served—send to the Attorney-General a statement of the matters that prevented service.
(4) In this section:
document includes:
a summons requiring a person to appear as a witness; and
a summons to an accused person that has been issued under paragraph 7 of article 58 of the Statute.
(5) If: a document that is served on a person pursuant to an authority given under this section is a summons referred to in subsection (4); and
the person fails to comply with the summons;
Part 4 Other requests by the person commits an offence punishable, on conviction, by imprisonment for a period not exceeding 12 months.
Service of documents
Service of documents - national procedures for ICC proceedings
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