An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes
Part 8—Protection of Australia’s national security interests
146 Request to disclose information or documents involving national security
(1) This section applies if a person who has been requested to disclose information or documents to the ICC:
refuses to do so on the ground that disclosure would prejudice Australia’s national security interests; or
refers the matter to the Attorney-General on that ground.
(2) The Attorney-General must determine whether or not he or she is of the opinion that the disclosure would prejudice Australia’s national security interests.
(3) If the Attorney-General forms the opinion that the disclosure would prejudice Australia’s national security interests, the request for disclosure must be dealt with in accordance with the procedure specified in sections 148 and 149.
(4) If, after the procedure specified in sections 148 and 149 is followed, the request for disclosure is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the disclosure.
147 Other situations involving national security
If, in any circumstances other than those mentioned in sections 145 and 146, the Attorney-General is of the opinion that the disclosure of information or documents to the ICC would prejudice Australia’s national security interests, the matter must be dealt with in accordance with the procedure specified in section 148 and subsection 149(1).
Without limiting subsection (1), if:
the Attorney-General learns that information or documents relating to Australia are being, or are likely to be, disclosed at any stage of the proceedings before the ICC and intervenes in accordance with paragraph 4 of article 72 of the Statute; and
after the procedure specified in section 148 and subsection 149(1) is followed, the matter is not resolved;
the Attorney-General may decline to authorise the disclosure.
Confidentiality re national security
EDIT.