Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 32

(1)

The Attorney-General may postpone the execution of a request for surrender of a person for a crime within the jurisdiction of the ICC at any time before the person is surrendered if, and only if:

(a)

a determination on admissibility of the kind specified in section 33, 35 or 36 is pending before the ICC; or

(b)

the request would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct that constituted the crime, as provided in section 34; or

(c)

the request involves a conflict with Australia's international obligations, and subsection 12(4) applies.

(2)

If the Attorney-General postpones the execution of the request, the postponement may be for a reasonable period and may, if the Attorney-General considers it desirable, be extended from time to time.

(3)

A decision by the Attorney-General to postpone the execution of a request:

(a)

does not limit or affect the detention of a person under a warrant issued under this Part; and

(b)

does not affect the validity of any act done or any warrant issued under this Part before the decision was made.

(4)

However, if:

(a)

the person applies to an appropriate court to be released; and

(b)

the court is satisfied that reasonable notice of the intention to make the application has been given to the Attorney-General;

the court may, unless the person is liable to be detained under any other order or other sufficient cause is shown against the release, order the release of the person from the place where the person is detained.