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
(1) This section applies if:
(a) a request for surrender of a person is made; and
(b) the request relates to conduct that would constitute an offence under Australian law; and
(c) either:
(i) the conduct is being investigated or prosecuted in Australia; or
(ii) the conduct has been investigated in Australia, and a decision was made not to prosecute the person sought; and
(d) a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2(b) of article 19 of the Statute.
(2) The Attorney General may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.
(3) If the ICC determines that the case is inadmissible, surrender must be refused.
(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.
Admissibility challenge - State investigation or prosecution
EDIT.