Examination of places or sites


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

Part 1—Preliminary

4 Definitions
examination of a site that is a grave includes exhumation of the grave.

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

7 What constitutes a request for cooperation
(viii) the examination of places or sites;

Part 4—Other requests by ICC

Division 10—Examination of places or sites

76 Assistance in examining places or sites
(1) This section applies if:
(a) the ICC requests assistance in examining places or sites in Australia; and
(b) the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.
(2) The Attorney-General is to execute the request by authorising, in writing, the examination of the places or sites.
(3) If the Attorney-General authorises the examination of a place or site, an appropriate authority is to:
(a) examine the place or site in the way sought in the request; and
(b) make such report on the examination as the authority considers appropriate in the circumstances; and
(c) send the report to the Attorney-General.
(4) An authorisation under this section confers power on a person acting under the authorisation to enter a place or site for the purpose of examining it.

Division 10A—Forensic procedures

76A Authorising application for carrying out of forensic procedures
(1) The Attorney-General may authorise, in writing, a constable to apply under Part ID of the Crimes Act 1914 for an order for the carrying out of a forensic procedure on a person if:
(a) the ICC has requested the procedure to be carried out on the person; and
(b) the Attorney-General is satisfied:
(i) that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) that the person is, or is believed to be, in Australia; and
(iii) that the ICC has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and
(iv) that the ICC has given any other undertakings that the Attorney-General considers necessary; and
(v) unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and
(vi) if subsection (2) applies—of the matters in that subsection; and
(c) in the case of the person being a suspect, the constable is an authorised applicant.
(2) If the person is a child or an incapable person, the matters are:
(a) that either:
(i) the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or
(ii) a parent or guardian of the person is a suspect in relation to a crime or an offence to which the investigation or proceeding relates; and
(b) that, having regard to the best interests of the person, it is appropriate to make the authorisation.
(3) In this section: authorised applicant has the same meaning as in subsection 23WA(1) of the Crimes Act 1914. suspect has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.

76B Providing forensic evidence to the ICC
(1) The Attorney-General may direct a constable about how forensic evidence is to be provided to the ICC if:
(a) the Attorney-General gave an authorisation to the constable under subsection 76A(1); and
(b) the forensic evidence resulted from the authorisation.
(2) A direction under subsection (1) is not a legislative instrument.

Australia - Mutual Assistance in Criminal Matters Act No. 85 1987 (2018)

Part III—Assistance in relation to search and seizure
15 Requests by foreign countries for search and seizure—action by Attorney General
(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that evidential material relating to the investigation or proceeding is located in Australia; and
(c) the foreign country requests the Attorney General to arrange for the evidential material to be obtained;
the Attorney General may, in his or her discretion, authorise a police officer, in writing, to apply to a Magistrate or eligible Federal Circuit Court Judge for one or more search warrants in respect of the evidential material.
Note: Divisions 2 and 3 of Part VIIA make provision relating to applications for, and the issue and execution of, search warrants requested by foreign countries.

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:

(g) The examination of places or sites, including the exhumation and examination of grave sites;