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:
the conduct has been investigated in Australia, and a decision was made not to prosecute the person sought;
Ne bis in idem
Ne bis in idem - ICC
EDIT.