Information, property or persons subject to the control of a third State or international organisation

Australia

Australia - ICC Act 2002 (2016)

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


62 Requests involving competing international obligations

If a request for cooperation relates to a person who, or information or property that, is subject to the control of a foreign country or an international organisation under an international agreement, the Attorney General must inform the ICC so as to enable it to direct its request to the foreign country or international organisation.

Part 7—Information provided in confidence by third party

142 Disclosure of information provided in confidence by third party

(1) If the ICC requests the giving of information or documents that were provided to Australia on a confidential basis by a foreign country or by an intergovernmental or international organisation (in either case referred to as the originator), the Attorney General must seek the consent of the originator before giving the information or documents to the ICC.

(2) If the originator is a party to the Statute that consents to disclosure of the information or documents, the Attorney General must, subject to Part 8, give the information or documents to the ICC.

(3) If the originator is a party to the Statute that undertakes to resolve the issue of disclosure of the information or documents with the ICC under article 73 of the Statute, the Attorney General must inform the ICC of the undertaking.

(4) If the originator is not a party to the Statute and refuses to consent to disclosure of the information or documents, the Attorney General must inform the ICC that he or she is unable to give the information or documents because of an existing obligation of confidentiality to the originator.

(5) If the originator is not a party to the Statute and consents to disclosure of the information or documents, the Attorney General must, subject to Part 8, give the information or documents to the ICC.


143 Request for Australia’s consent to disclosure

If a request is received from a foreign country for Australia’s consent to the disclosure to the ICC of information or documents that had been disclosed by Australia to the country on a confidential basis, the Attorney General must either:

(a) consent to the disclosure; or
(b) undertake to deal with the matter in accordance with Part 8.

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

51 Refusal of assistance

The Attorney-General must refuse a request for cooperation in circumstances referred to in subsection 142(4) (which relates to third party information that cannot be disclosed).

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

62 Requests involving competing international obligations

If a request for cooperation relates to a person who, or information or property that, is subject to the control of a foreign country or an international organisation under an international agreement, the Attorney-General must inform the ICC so as to enable it to direct its request to the foreign country or international organisation.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 7—Information provided in confidence by third party

142 Disclosure of information provided in confidence by third party

If the ICC requests the giving of information or documents that were provided to Australia on a confidential basis by a foreign country or by an intergovernmental or international organisation (in either case referred to as the originator), the Attorney-General must seek the consent of the originator before giving the information or documents to the ICC.

If the originator is a party to the Statute that consents to disclosure of the information or documents, the Attorney-General must, subject to Part 8, give the information or documents to the ICC.

If the originator is a party to the Statute that undertakes to resolve the issue of disclosure of the information or documents with the ICC under article 73 of the Statute, the Attorney-General must inform the ICC of the undertaking.

If the originator is not a party to the Statute and refuses to consent to disclosure of the information or documents, the Attorney-General must inform the ICC that he or she is unable to give the information or documents because of an existing obligation of confidentiality to the originator.

If the originator is not a party to the Statute and consents to disclosure of the information or documents, the Attorney-General must, subject to Part 8, give the information or documents to the ICC.

143 Request for Australia’s consent to disclosure

If a request is received from a foreign country for Australia’s consent to the disclosure to the ICC of information or documents

that had been disclosed by Australia to the country on a confidential basis, the Attorney-General must either:consent to the disclosure; or

undertake to deal with the matter in accordance with Part 8.

Rome Statute

Article 93 Other forms of cooperation

9.

(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.