Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
30 Surrender warrant may take effect at later date
(1) This section applies if, apart from this subsection, the Attorney-General would be required to issue a surrender warrant for a crime within the jurisdiction of the ICC in respect of a person who is liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against Australian law.
(2) The Attorney-General may, after consultation with the ICC, do either of the following:
(a) instead of issuing a surrender warrant that has an immediate effect, issue a surrender warrant that is to come into effect when the person ceases to be liable to be detained;
(b) issue a surrender warrant that has a temporary operation in accordance with conditions agreed with the ICC.
Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
34 Ongoing Australian investigation or prosecution involving different conduct
(1) This section applies if a request for surrender of a person is made that would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct constituting the crime within the jurisdiction of the ICC to which the request relates.
(2) The Attorney-General may, after consultation with the ICC:
(a) proceed with the execution of the request despite the Australian investigation or prosecution; or
(b) postpone the execution of the request until the Australian investigation or prosecution has been finally disposed of.
(3) Nothing in this section limits or affects section 30 (which allows the Attorney-General to issue a surrender warrant that comes into effect at a later date if a person is serving a sentence for a different offence against Australian law).
Part 4—Other requests by ICC
Division 3—Restrictions on provision of assistance
54 Postponement where ongoing Australian investigation or prosecution would be interfered with
(1) If the immediate execution of a request for cooperation would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct to which the request relates, the Attorney-General may postpone the execution of the request for a period agreed between the Attorney-General and the ICC.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.