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

14 Response to be sent to ICC
(1) The Attorney-General must notify the ICC, without undue delay, of his or her response to a request for cooperation and of the outcome of any action that has been taken in relation to the request.
(2) If the Attorney-General decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, wholly or partly, the notice to the ICC must set out the reasons for the decision.
(3) If the request for cooperation cannot be executed for any other reason, the notice to the ICC must set out the reasons for the inability or failure to execute the request.
(4) In the case of an urgent request for cooperation, any documents or evidence produced in response must, if the ICC requests, be sent urgently to it.
(5) Documents or evidence provided or produced in response to a request for cooperation must be sent to the ICC in the original language and form.

Part 4—Other requests by ICC

Division 5—Taking evidence or producing documents or articles

66 Producing documents or other articles
(1) If the Attorney-General authorises the production of documents or other articles, a magistrate:
(a) must give written notice to each person by whom documents or other articles are to be produced stating that the authorisation has been given and setting out the date and time when, and the place where, the documents or other articles are to be produced; and
(b) may require production of the documents or other articles.
(2) Subject to subsection (3), if the documents or other articles are produced, a magistrate must send them to the Attorney-General together with a written statement certifying that they were produced to that magistrate.
(3) In the case of documents, a magistrate may send to the Attorney-General copies of the documents certified by that magistrate to be true copies.

Part 4—Other requests by ICC

Division 5—Taking evidence or producing documents or articles

67 Legal representation
(1) The evidence of a witness may be taken under section 65 in the presence or absence of:
(a) the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates; or
(b) his or her legal representative (if any).
(2) The magistrate conducting a proceeding under either section 65 or 66, or both, may permit:
(a) if the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates has been notified of the proceeding before the magistrate—that person; and
(b) any other person giving evidence or producing documents or other articles at the proceeding before the magistrate; and
(c) a representative of the Prosecutor or of the ICC; to have legal representation at the proceeding before the magistrate.

68 Form of certificates
A certificate by a magistrate under subsection 65(3) or 66(2) must state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present:
(a) the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, or his or her legal representative (if any);
(b) any other person giving evidence or producing documents or other articles, or his or her legal representative (if any).

69 Compellability of persons to attend etc.
(1) Subject to subsections (2) and (3), the laws of each State or Territory with respect to compelling persons:
(a) to attend before a magistrate; and
(b) to give evidence, answer questions, and produce documents or other articles;
on the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of application, with respect to so compelling persons for the purposes of this Division.
(2) For the purposes of this Division, the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, is competent but not compellable to give evidence.
(3) If:
(a) a person is required to give evidence, or produce documents or other articles, for the purposes of an investigation conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person is not compellable to answer a particular question, or to produce a particular document or article, for the purposes of that investigation or proceeding; the person is not compellable to answer the question, or produce the document or article, for the purposes of this Division.

Part 4—Other requests by ICC

Division 7—Service of documents

72 Assistance in arranging service of documents
(4) In this section:
document includes:
(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused person that has been issued under paragraph 7 of article 58 of the Statute.

Part 4—Other requests by ICC

Division 11B—Prospective telecommunications data

78B Authorising an authorisation for the disclosure of prospective telecommunications data
(1) The Attorney-General may authorise, in writing, the making of an authorisation under section 180B of the Telecommunications (Interception and Access) Act 1979 for the disclosure of information or documents if:
(a) the ICC has requested the Attorney-General to arrange for the disclosure of the information or documents; and
(b) the information or documents come into existence during a period specified by the ICC, and which started on or after the day the request was made; and
(c) the Attorney-General is satisfied that:
(i) an investigation is being conducted by the Prosecutor or a proceeding is before the ICC; and
(ii) the information or documents relate to the fact of a communication passing over a telecommunications system during that period.
(2) To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system to the extent that the information is, or the documents contain, the contents or substance of a communication.

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.

Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision C—Production orders relating to crimes within the jurisdiction of the ICC

87 Retaining produced documents
(1) An authorised officer who takes possession of a document under a production order made in respect of a crime within the jurisdiction of the ICC may retain the document pending a written direction from the Attorney-General as to how to deal with the document.
(2) Directions from the Attorney-General may include a direction that the document be sent to the ICC.

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.

Part 8—Protection of Australia’s national security interests

146 Request to disclose information or documents involving national security
(1) This section applies if a person who has been requested to disclose information or documents to the ICC:
(a) refuses to do so on the ground that disclosure would prejudice Australia’s national security interests; or
(b) refers the matter to the Attorney-General on that ground.

Part II—Assistance in relation to taking of evidence and production of documents or other articles
Division 2—Requests by foreign countries
13 Requests by foreign countries for the taking of evidence or the production of documents
(1) This section applies if a foreign country (the requesting country) requests:
(b) that documents or other articles in Australia be produced;
for the purposes of a proceeding in relation to a criminal matter in that country or another foreign country (the foreign proceeding).