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)
(b) the request would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct that constituted the crime, as provided in section 34; or

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 3—Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

35 Person being investigated or prosecuted in Australia for same conduct
(4) If the ICC determines that the case is admissible and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

52 Postponement of execution of request
(1) The Attorney-General may postpone the execution of a request for cooperation if, and only if:
(a) the execution of the request would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct to which the request relates, and section 54 applies; or

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.
(2) Despite subsection 52(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3) Before making a decision to postpone the execution of a request, the Attorney-General must consider whether the assistance could be provided immediately subject to conditions.
(4) If the Attorney-General decides to postpone the execution of a request and the ICC requests assistance in the preservation of evidence under paragraph 1(j) of article 93 of the Statute, the Attorney-General must deal with the request in accordance with this Part.

Part I—Preliminary
8 Refusal of assistance
(2) A request by a foreign country for assistance under this Act may be refused if, in the opinion of the Attorney General:
(d) the provision of the assistance could prejudice an investigation or proceeding in relation to a criminal matter in Australia; or