Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 33

(1)

This section applies if the person whose surrender is sought alleges to the Attorney-General that:

(a)

the case is one to which paragraph 1 of article 20 of the Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the ICC); or

(b)

the person has been tried by another court for conduct also proscribed under article 6, 7 or 8 of the Statute and the case is not one to which paragraph 3(a) or (b) of article 20 of the Statute applies.

(2)

The Attorney-General must immediately consult with the ICC to determine if there has been a relevant determination on admissibility under the Statute.

(3)

If the ICC has determined that the case is admissible, surrender cannot be refused on the ground of the person's previous conviction, acquittal or trial in respect of the relevant conduct.

(4)

If the ICC has determined that the case is inadmissible under article 20 of the Statute, surrender must be refused on the ground of the person's previous conviction, acquittal or trial, as the case may be, in respect of the relevant conduct.

(5)

If an admissibility determination is pending, the Attorney-General may postpone the execution of a request until the ICC has made its determination.