Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 12

             (1)  This section applies where the Attorney-General consults with the ICC because the execution of a request for cooperation may raise problems relating to Australia's obligations to a foreign country under international law or international agreements as mentioned in article 98 of the Statute.

             (2)  If, after the consultation, the Attorney-General is satisfied that the execution of the request would not conflict with any of those obligations, the Attorney-General must sign a certificate stating that the execution of the request does not conflict with any of those obligations.

             (3)  A certificate signed under subsection (2) is conclusive evidence of the matters stated in the certificate.

             (4)  If, after the consultation, the Attorney-General is not satisfied as mentioned in subsection (2), the Attorney-General must postpone the execution of the request unless and until the foreign country has made the necessary waiver or given the necessary consent.