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
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:
the conduct is being investigated or prosecuted in Australia;
Postponement of execution of ICC request
Postponement - ongoing investigation or prosecution
EDIT.