(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.