Part I—Preliminary
8 Refusal of assistance
(2) A request by a foreign country for assistance under this Act may be refused if, in the opinion of the Attorney General:
(d) the provision of the assistance could prejudice an investigation or proceeding in relation to a criminal matter in Australia; or
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).