INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 7 What constitutes a request for cooperation

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 7

  (1)   A request for cooperation is a request made by the ICC to Australia , in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, for:

  (a)   assistance in connection with any one or more of the following:

  (i)   the arrest (including the provisional arrest), and surrender to the ICC, of a person in relation to whom the ICC has issued a warrant of arrest or a judgment of conviction;

  (ii)   the identification and whereabouts of a person or the location of items;

  (iii)   the taking of evidence, including testimony on oath, and the production of evidence, including expert opinions and reports necessary to the ICC;

  (iv)   the questioning of any person being investigated or prosecuted;

  (v)   the service of documents, including judicial documents;

  (vi)   facilitating the voluntary appearance of persons (other than prisoners) before the ICC;

  (vii)   the temporary transfer of prisoners to the ICC;

  (viii)   the examination of places or sites;

  (ix)   the execution of searches and seizures;

  (x)   the provision of records and documents, including official records and documents;

  (xi)   the protection of victims or witnesses or the preservation of evidence;

  (xii)   the identification, tracing, and freezing or seizure, of the proceeds of crimes within the jurisdiction of the ICC for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

  (b)   any other type of assistance that is not prohibited by Australian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC and the enforcement of orders of the ICC made after convictions for such crimes.

  (2)   This Act does not prevent the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.