INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 52 Postponement of execution of request
INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 52
Postponement of execution of request(1) The Attorney - General may postpone the execution of a request for cooperation if, and only if:
(a) the execution of the request would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct to which the request relates, and section 54 applies; or
(b) a determination of admissibility is pending before the ICC, and section 55 applies; or
(c) there are competing requests from the ICC and from a foreign country to which Australia is under an international obligation, and paragraph 56(2)(a) applies; or
(d) the request is for assistance under paragraph 1(l) of article 93 of the Statute, and subsection 11(2) applies; or
(e) the request involves a conflict with Australia 's international obligations, and subsection 12(4) applies.
(2) Even if subsection ( 1) applies to a request for cooperation, the Attorney - General may decide not to postpone the execution of the request and, in that event, the request must be dealt with in accordance with this Part.
(3) If the Attorney - General postpones the execution of the
request for cooperation, the postponement may be for a reasonable period and
may, if the Attorney - General considers it desirable, be extended from time
to time.