INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 149 Procedure where no resolution

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.