Commonwealth Consolidated Acts

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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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