Telecommunications Legislation Amendment (International Production Orders) Act 2021 (78 of 2021)

Schedule 1   Amendments

Part 1   General amendments

International Criminal Court Act 2002

6   After subsection 69A(1)

Insert:

(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 30 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.