Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
31 Refusal of surrender
(1) The Attorney-General must refuse a request for surrender of a person if the ICC determines that the case is inadmissible and subsection 33(4), 35(3) or 36(3) applies.
(2) The Attorney-General may refuse a request for surrender of a person if:
(a) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to the same conduct, and subsection 39(6) applies; or
(b) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to different conduct, and subsection 40(3) applies.
(3) The restrictions on extradition specified in the Extradition Act 1988 do not apply in relation to a request for surrender of a person.
Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
32 Postponement of execution of request for surrender
(1)
(c) the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.
Part 4—Other requests by ICC
Division 3—Restrictions on provision of assistance
52 Postponement of execution of request
(1)
(e) the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.