Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 54

Postponement where ongoing Australian investigation or prosecution would be interfered with

  (1)   If the immediate execution of a request for cooperation would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct to which the request relates, the Attorney - General may postpone the execution of the request for a period agreed between the Attorney - General and the ICC.

  (2)   Despite subsection   52(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.

  (3)   Before making a decision to postpone the execution of a request, the Attorney - General must consider whether the assistance could be provided immediately subject to conditions.

  (4)   If the Attorney - General decides to postpone the execution of a request and the ICC requests assistance in the preservation of evidence under paragraph   1(j) of article 93 of the Statute, the Attorney - General must deal with the request in accordance with this Part.



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