Proceeds of crimes

Commonwealth of Australia

Australia - International Criminal Court Act No. 41 2002 (2018) EN

Part 1—Preliminary

4 Definitions

evidential material means:
(a) in Subdivision F of Division 14 of Part 4—evidence relating to:
(iv) proceeds of a crime within the jurisdiction of the ICC; or

Part 1—Preliminary

4 Definitions
proceeds of a crime within the jurisdiction of the ICC means proceeds (within the meaning of the Proceeds of Crime Act) of such a crime.

Part 2—General provisions relating to requests by the ICC for cooperation

7 What constitutes a request for cooperation
(1)
(a)
(xii) the identification, tracing, and freezing or seizure, of the proceeds of crimes within the jurisdiction of the ICC for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision A—Preliminary

81A Authorising applications under the Proceeds of Crime Act
The Attorney-General may authorise, in writing, an authorised officer of an enforcement agency to make such applications under the Proceeds of Crime Act as are necessary to respond to the proceeds request if the Attorney-General is satisfied that the proceeds request:
(a) relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) is for assistance that can be obtained from one or more production orders, monitoring orders or search warrants under the Proceeds of Crime Act.

Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision C—Production orders relating to crimes within the jurisdiction of the ICC

86 Applying for and making production orders
(1) An authorised officer may apply for a production order under the Proceeds of Crime Act in respect of the crime that is the subject of the proceeds request, if authorised to do so by the Attorney-General under section 81A.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and