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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 31
Refusal of surrender
- (1)
- The Attorney-General must refuse a request for surrender of a person if
the ICC determines that the case is inadmissible and subsection 33(4), 35(3)
or 36(3) applies.
- (2)
- The Attorney-General may refuse a request for surrender
of a person if:
- (a)
- there are competing requests from the ICC, and from a
foreign country that is not a party to the Statute, relating to the same
conduct, and subsection 39(6) applies; or
- (b)
- there are competing requests
from the ICC, and from a foreign country that is not a party to the Statute,
relating to different conduct, and subsection 40(3) applies.
- (3)
- The
restrictions on extradition specified in the Extradition Act 1988 do not apply
in relation to a request for surrender of a person.
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