Document ID: chunk:federal_register_of_legislation:C2021C00313:section:69a
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 69A
Character Range: 87004–89678

69A  Authorising provision of material obtained by law enforcement agencies
 (1) The Attorney‑General may authorise, in writing, the provision of material to the ICC if:
 (a) the ICC has requested the material; 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) if the material is or includes lawfully intercepted information or interception warrant information—the investigation is into, or the proceeding relates to, an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life; and
 (iii) the material was lawfully obtained in Australia by, and is lawfully in the possession of, a law enforcement agency.
 (1A) The Attorney‑General may authorise, in writing, the provision of material to the ICC if:
 (a) the ICC has requested the material; and
 (b) the Attorney‑General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
 (c) the material is or includes protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979) that:
 (i) was obtained in accordance with an international production order issued under Part 2 or 3 of that Schedule; or
 (ii) relates to such an international production order; and
 (d) if the material is or includes protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979) that:
 (i) was obtained in accordance with an international production order issued under clause 30 or 60 of that Schedule; or
 (ii) relates to such an international production order;
  the Attorney‑General is satisfied that the investigation is into, or the proceeding relates to, an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life; and
 (e) the Attorney‑General is satisfied that the material is lawfully in the possession of a law enforcement agency.
 (2) An authorisation under subsection (1) or (1A) may:
 (a) specify the uses to which the material can be put by the ICC; and
 (b) include a direction to a law enforcement officer of the law enforcement agency about how the material is to be provided to the ICC.
 (3) Material lawfully obtained in Australia includes:
 (a) material obtained from individuals or entities by consent; and
 (b) material obtained by warrant, or the exercise of a coercive power by a court, in Australia for the purposes of a domestic investigation or prosecution.

Division 6—Questioning of person being investigated or prosecuted