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.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

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:

proceed with the execution of the request despite the Australian investigation or prosecution; or

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).

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

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

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.

Article 89
Surrender of persons to the Court
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.

Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies
problems which may impede or prevent the execution of the request, that State shall consult with
the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person
sought cannot be located or that the investigation conducted has determined that the person in the
requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the
requested State to breach a pre-existing treaty obligation undertaken with respect to another State.