Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 60

Request from ICC and foreign country relating to different conduct

  (1)   If a request for cooperation is made and a foreign country requests assistance from Australia in respect of a matter relating to conduct other than the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney - General must determine whether the request for cooperation or the request from the foreign country is to be complied with.

  (2)   If Australia is not under an international obligation to comply with the request from the foreign country, priority must be given to the request for cooperation.

  (3)   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.

  (4)   In making a determination under subsection   ( 3), the Attorney - General must consider all relevant matters, including, but not limited to, the matters specified in subsection   59(5), but must give special consideration to the relative seriousness of the offences to which the requests relate.



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