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

7 What constitutes a request for cooperation
(1)
(a)
(xi) the protection of victims or witnesses or the preservation of evidence;

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

54 Postponement where ongoing Australian investigation or prosecution would be interfered with

(4) If the Attorney-General decides to postpone the execution of a request and the ICC requests assistance in the preservation of evidence under paragraph 1(j) of article 93 of the Statute, the Attorney-General must deal with the request in accordance with this Part.

Part 4—Other requests by ICC

Division 13—Protecting victims and witnesses and preserving evidence

80 Protecting victims and witnesses and preserving evidence
(1) This section applies if:
(a) the ICC requests assistance in protecting victims or witnesses or preserving evidence; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the assistance sought is not prohibited by Australian law.
(2) The Attorney-General is to execute the request by authorising, in writing, the provision of the assistance.
(3) If the Attorney-General authorises the provision of the assistance, an appropriate authority is to:
(a) give effect to the request; and
(b) prepare such report on his or her efforts as he or she considers to be appropriate in the circumstances; and
(c) send the report to the Attorney-General.

Part VIIA—Search, seizure and powers of arrest
Division 5—General
38ZA Retention of things seized
(1) Subject to subsection (2), if a police officer seizes a thing while executing a warrant issued under Division 2, he or she must:
(a) inform the Attorney General that the thing has been so seized; and
(b) retain the thing pending the Attorney General’s direction under subsection (4) about how to deal with the thing; and
(c) comply with any such direction that the Attorney General gives.
(2) If the thing seized is not evidential material relating to the proceeding or investigation relevant to the warrant, the police officer may make the thing available to officers of the police force of a State or Territory for the purpose of investigating or prosecuting an offence to which the thing relates.
(4) The Attorney General may, by written notice, give the police officer a direction about how to deal with the thing.
(5) Without limiting the directions that may be given, a direction may require the police officer to send the thing to a foreign country.
(6) The Attorney General must direct the police officer to return the thing if:
(a) the reason for its seizure no longer exists; or
(b) it is decided that the thing is not to be used in evidence in a foreign country or in respect of a criminal proceeding in Australia;
unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.