INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 59 Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 59

  (1)   This section applies if:

  (a)   section   57 applies; and

  (b)   the foreign country is not a party to the Statute.

  (2)   Priority must be given to the request for cooperation if:

  (a)   Australia is not under an international obligation to comply with the request from the foreign country; and

  (b)   the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

  (3)   The request from the foreign country may continue to be dealt with if:

  (a)   Australia is not under an international obligation to comply with the request; and

  (b)   the ICC has not yet determined under article 18 or 19 of the Statute that the case is admissible.

  (4)   If Australia is under an international obligation to comply with the request from the foreign country, the Attorney - General must determine whether the request for cooperation or the request from the foreign country is to be complied with.

  (5)   In making a determination under subsection   ( 4), the Attorney - General must consider all relevant matters, including, but not limited to:

  (a)   the respective dates of the requests; and

  (b)   the interests of the foreign country, including, if relevant, whether the crime to which the request from that country relates was committed in its territory and the nationality of the victims and of the person who is alleged to have engaged in the conduct forming the basis of that crime.