Part 13—Requests by Australia to ICC

179 Application of Part
This Part applies where:
(a) an investigation is taking place in Australia; or
(b) a prosecution has been instituted in Australia; in respect of conduct that is a crime within the jurisdiction of the ICC or is an indictable offence against Australian law.

180 Request by Attorney-General
(1) The Attorney-General may request the ICC to provide assistance under paragraph 10 of article 93 of the Statute in connection with the investigation or prosecution.
(2) The assistance that may be requested includes, but is not limited to, the following:
(a) the sending of statements, documents or other types of evidence obtained in the course of an investigation or trial conducted by the ICC;
(b) the questioning of a person detained by order of the ICC.

Part III—Assistance in relation to search and seizure
14 Requests by Australia for search and seizure
(1) This section applies to a proceeding or investigation relating to a criminal matter involving a serious offence against an Australian law if there are reasonable grounds to believe that a thing relevant to the proceeding or investigation may be located in a foreign country.
(2) If this section applies to a proceeding or investigation, Australia may request the appropriate authority of the foreign country:
(a) to obtain a warrant or other instrument that, in accordance with the law of the foreign country, authorises:
(i) a search for a thing relevant to the proceeding or investigation; and
(ii) if such a thing, or any other thing that is or may be relevant to the proceeding or investigation is found as a result of the search—the seizure of that thing; and
(b) to arrange for the thing that has been seized to be sent to Australia.
(3) If the appropriate authority of the foreign country has obtained any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the issue (as requested by Australia) of a warrant or other instrument authorising the seizure of the thing, the thing:
(a) is not inadmissible in evidence in the proceeding; or
(b) is not precluded from being used for the purposes of the investigation;
on the ground alone that it was obtained otherwise than in accordance with the request.

Part IIIBA—Assistance in relation to use of surveillance devices
15C Requests by Australia for surveillance devices
(1) This section applies if:
(a) an investigation in relation to an offence punishable by a maximum penalty of imprisonment for 3 years or more has commenced in Australia; and
(b) the use of a surveillance device (however described) is reasonably necessary for the purpose of obtaining information relevant to:
(i) the commission of the offence; or
(ii) the identity or location of the offenders.
(2) Australia may request an appropriate authority of a foreign country:
(a) to authorise the use of a surveillance device (however described), in accordance with the law of that country, to obtain the information referred to in paragraph (1)(b); and
(b) to arrange for any such information that has been obtained to be sent to Australia.
(3) Subsection (4) applies if:
(a) Australia makes a request under this section; and
(b) the foreign country obtains any information referred to in paragraph (1)(b) by means of a process authorised by the law of that country other than the use (as requested by Australia) of a surveillance device.
(4) The information obtained by the foreign country:
(a) is not inadmissible in evidence in a proceeding that relates to the investigation; or
(b) is not precluded from being used for the purposes of the investigation;
on the ground alone that it was obtained otherwise than in accordance with the request.

Part IV—Arrangements for persons to give evidence or assist investigations
Division 1—Requests by Australia
16 Requests for removal of certain persons to Australia
(1) Where:
(a) a proceeding relating to a criminal matter has commenced in Australia; and
(b) a person who is in a foreign country:
(i) is a foreign prisoner;
(ii) is capable of giving evidence relevant to the proceeding; and
(iii) has given his or her consent to being removed to Australia for the purpose of giving evidence in the proceeding;
Australia may request the foreign country to authorise the attendance of the person at a hearing in connection with the proceeding.
(2) Where:
(a) an investigation relating to a criminal matter has commenced in Australia; and
(b) a person who is in a foreign country:
(i) is a foreign prisoner;
(ii) is capable of giving assistance in relation to the investigation; and
(iii) has given his or her consent to being removed to Australia for the purposes of giving assistance in relation to the investigation;
Australia may request the foreign country to authorise the removal of the person to Australia for the purpose of giving assistance in relation to the investigation.
(3) If a request is made under subsection (1) or (2), the Attorney General may make arrangements with an appropriate authority of the foreign country for the purposes of:
(a) the removal of the person to Australia;
(b) the custody of the person while in Australia;
(c) the return of the person to the foreign country; and
(d) other relevant matters.

Part IVA—Forensic procedures
Division 1—Requests by Australia
28A Requests by Australia for forensic procedures
(1) If:
(a) a proceeding relating to a criminal matter has commenced in Australia; and
(b) there are reasonable grounds to believe carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the proceeding;
Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in connection with the proceeding.
(2) If:
(a) an investigation relating to a criminal matter has commenced in Australia; and
(b) carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the investigation;
Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in relation to the investigation.
(3) To avoid doubt, Australia may request that a forensic procedure be carried out in the foreign country even if, under Australian law, the forensic procedure could not have been carried out by using processes similar to those used in the foreign country.
(4) Subsection (5) applies if:
(a) Australia makes a request under this section; and
(b) the foreign country obtains any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the carrying out (as requested by Australia) of a forensic procedure on a particular person.
(5) The thing obtained by the foreign country:
(a) is not inadmissible in evidence in the proceeding; or
(b) is not precluded from being used for the purposes of the investigation;
on the ground alone that it was obtained otherwise than in accordance with the request.

Part VI—Proceeds of crime
Division 1—Requests by Australia
32 Requests for enforcement of orders
Australia may request an appropriate authority of a foreign country to make arrangements for the enforcement of:
(a) an Australian forfeiture order against property that is believed to be located in that country;
(b) an Australian pecuniary penalty order, or an Australian literary proceeds order, where some or all of the property available to satisfy the order is believed to be located in that country; or
(c) an Australian restraining order against property that is believed to be located in that country;
if the order was made in respect of a serious offence.

33 Requests for issue of orders in foreign countries
Where a criminal proceeding or criminal investigation has commenced in Australia in relation to a serious offence, Australia may request an appropriate authority of a foreign country to obtain the issue, in respect of the offence, of a warrant, order or other instrument similar in nature to any of the following warrants and orders under the Proceeds of Crime Act:
(b) a restraining order;
(c) a production order;
(d) a search warrant;
(e) a monitoring order.