Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 72

Assistance in arranging service of documents

  (1)   This section applies if:

  (a)   the ICC requests assistance in arranging for the service of a document in Australia ; 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)   the person is or may be in Australia .

  (2)   The Attorney - General is to execute the request by authorising, in writing, the service of the document.

  (3)   If the Attorney - General authorises the service of the document, an appropriate authority is to:

  (a)   cause the document to be served:

  (i)   in accordance with any procedure specified in the request; or

  (ii)   if that procedure would be unlawful or inappropriate in Australia , or no procedure is specified--in accordance with Australian law;

    and send to the Attorney - General a certificate stating that the document has been served; or

  (b)   if the document is not served--send to the Attorney - General a statement of the matters that prevented service.

  (4)   In this section:

"document" includes:

  (a)   a summons requiring a person to appear as a witness; and

  (b)   a summons to an accused person that has been issued under paragraph   7 of article 58 of the Statute.

  (5)   If:

  (a)   a document that is served on a person pursuant to an authority given under this section is a summons referred to in subsection   ( 4); and

  (b)   the person fails to comply with the summons;

the person commits an offence punishable, on conviction, by imprisonment for a period not exceeding 12 months.



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