Document ID: chunk:federal_register_of_legislation:C2018A00034:clause:1_69a
Version: federal_register_of_legislation:C2018A00034
Segment Type: clause
Provision Reference: sch 1 cl 69A
Character Range: 10124–11457

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.
 (2) The authorisation 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.

International War Crimes Tribunals Act 1995