Provision of records and documents - national procedures for ICC proceedings

Australia

Australia - ICC Act 2002 (2016)

Part 4—Other requests by ICC

Division 12—Provision of records or documents


79 Facilitating the provision of records or documents

(1) This section applies if:

(a) the ICC requests assistance for the provision of records or documents, including official records or official documents; 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 records or documents are or may be in Australia.

(2) The Attorney General is to execute the request by authorising, in writing, the provision of the records or documents.

(3) If the Attorney General authorises the provision of records or documents, an appropriate authority is to:

(a) locate and make available the records or documents; and
(b) make such report on his or her efforts as he or she considers to be appropriate in the circumstances; and
(c) send to the Attorney General the report and any of the records or documents that are located.

(4) This section does not give to any person power to require the production of a record or document.

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 12 Provision of records or documents

79 Facilitating the provision of records or documents

(1) This section applies if:

the ICC requests assistance for the provision of records or documents, including official records or official documents; and

the Attorney-General is satisfied that:

the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and the records or documents are or may be in Australia.

(2) The Attorney-General is to execute the request by authorising, in writing, the provision of the records or documents.

(3) If the Attorney-General authorises the provision of records or documents, an appropriate authority is to:

locate and make available the records or documents; and

make such report on his or her efforts as he or she considers to be appropriate in the circumstances; and send to the Attorney-General the report and any of the records or documents that are located.

(4) This section does not give to any person power to require the production of a record or document.

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:

(i) The provision of records and documents, including official records and documents;