Commonwealth Consolidated Acts

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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.



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