Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 149

             (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.