Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Attorney - General may authorise, in writing, the provision of material to the ICC if:
(a) the ICC has requested the material; and
(b) the Attorney - General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) if the material is or includes lawfully intercepted information or interception warrant information--the investigation is into, or the proceeding relates to, an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life; and
(iii) the material was lawfully obtained in Australia by, and is lawfully in the possession of, a law enforcement agency.
(1A) The Attorney - General may authorise, in writing, the provision of material to the ICC if:
(a) the ICC has requested the material; and
(b) the Attorney - General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(c) the material is or includes protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 ) that:
(i) was obtained in accordance with an international production order issued under Part 2 or 3 of that Schedule; or
(ii) relates to such an international production order; and
(d) if the material is or includes protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 ) that:
(i) was obtained in accordance with an international production order issued under clause 3 0 or 60 of that Schedule; or
(ii) relates to such an international production order;
the Attorney - General is satisfied that the investigation is into, or the proceeding relates to, an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life; and
(e) the Attorney - General is satisfied that the material is lawfully in the possession of a law enforcement agency.
(2) An authorisation under subsection ( 1) or (1A) may:
(a) specify the uses to which the material can be put by the ICC; and
(b) include a direction to a law enforcement officer of the law enforcement agency about how the material is to be provided to the ICC.
(3) Material lawfully obtained in Australia includes:
(a) material obtained from individuals or entities by consent; and
(b) material obtained by warrant, or the exercise of a coercive power by a court, in Australia for the purposes of a domestic investigation or prosecution.