International War Crimes Tribunals Act 1995

Subject to subsection (2), the Attorney‑General may make arrangements for the travel to a foreign country of a person who is in Australia if:

a Tribunal makes a request to the Attorney‑General for the attendance of the person:

at a hearing in the foreign country in connection with a proceeding before the Tribunal; or

in the foreign country to assist an investigation being conducted by the Tribunal; and

the person is not a prisoner; and

there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation; and

the Attorney‑General is satisfied that the person has consented to giving evidence or assisting in the foreign country; and

the Attorney‑General is satisfied that the Tribunal has given, to the extent (if any) required by the Attorney‑General, an adequate (whether or not unqualified) undertaking that the person will be returned to Australia in accordance with arrangements agreed to by the Attorney‑General.

The Attorney‑General must not comply with the request if, in his or her opinion:

complying with the request would prejudice Australia’s sovereignty, security or national interest; or

there are special circumstances justifying non‑compliance.