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
53 Procedure if assistance precluded under Australian law
If: the execution of a particular measure of assistance specified in a request for cooperation is prohibited in Australia; and
the Attorney-General consults with the ICC in accordance with subsection 11(2) in respect of the request; and
the matter is not resolved but the ICC modifies the request so that it can be dealt with under this Act;
the Attorney-General must deal with the request accordingly.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.