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.