Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_6
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 10775–12102

6  After subsection 69A(1)
Insert:
 (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.