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Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
48 Waiver of rule of speciality
(1) If the ICC requests Australia under paragraph 2 of article 101 of the Statute to waive the requirements of paragraph 1 of that article in respect of a person surrendered by Australia, the Attorney General may waive the requirements accordingly.
(2) Before deciding whether to waive the requirements, the Attorney General may request the ICC to provide additional information in accordance with article 91 of the Statute.
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
48 Waiver of rule of speciality
If the ICC requests Australia under paragraph 2 of article 101 of the Statute to waive the requirements of paragraph 1 of that article in respect of a person surrendered by Australia, the Attorney-General may waive the requirements accordingly.
Before deciding whether to waive the requirements, the Attorney-General may request the ICC to provide additional information in accordance with article 91 of the Statute.
Article 101
Rule of speciality
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.