Document ID: chunk:federal_register_of_legislation:C2021C00313:section:149
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 149
Character Range: 179476–180640

149  Procedure where no resolution
 (1) If, after the consultation, the Attorney‑General decides that there are no means or conditions under which the information or documents could be disclosed without prejudice to Australia's national security interests, the Attorney‑General must notify the ICC, in accordance with paragraph 6 of article 72 of the Statute, of the specific reasons for his or her decision unless a specific description of the reasons would itself result in prejudice to Australia's national security interests.
 (2) If:
 (a) the ICC determines that the disclosure is relevant and necessary for the establishment of the guilt or innocence of the accused; and
 (b) the issue of disclosure arises in the circumstances specified in section 145 or 146; and
 (c) the Attorney‑General is of the opinion that Australia's national security interests would be prejudiced by the disclosure; and
 (d) the ICC requests further consultations for the purpose of considering the representations, which may include hearings in camera and ex parte;
the Attorney‑General must consult with the ICC.

Part 9—Transportation of persons in custody through Australia