Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

51 Refusal of assistance
(2) The Attorney-General may refuse a request for cooperation:
(a) in circumstances referred to in Part 8 (which relates to the protection of national security interests); or

Part 8—Protection of Australia’s national security interests

145 Request for cooperation involving national security
(2) If, after the procedure specified in sections 148 and 149 is followed, the request for cooperation is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the disclosure.

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 8—Protection of Australia’s national security interests

146 Request to disclose information or documents involving national security
(4) If, after the procedure specified in sections 148 and 149 is followed, the request for disclosure is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the disclosure.

Part I—Preliminary
8 Refusal of assistance
(1) A request by a foreign country for assistance under this Act shall be refused if, in the opinion of the Attorney General:
(e) the granting of the request would prejudice the sovereignty, security or national interest of Australia or the essential interests of a State or Territory.