69AAuthorising provision of material obtained by law enforcement agencies

69A Authorising provision of material obtained by law enforcement agencies

(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 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. (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.