Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 34

(1)

This section applies if a request for surrender of a person is made that would interfere with an ongoing investigation or prosecution in Australia involving different conduct from the conduct constituting the crime within the jurisdiction of the ICC to which the request relates.

(2)

The Attorney-General may, after consultation with the ICC:

(a)

proceed with the execution of the request despite the Australian investigation or prosecution; or

(b)

postpone the execution of the request until the Australian investigation or prosecution has been finally disposed of.

(3)

Nothing in this section limits or affects section 30 (which allows the Attorney-General to issue a surrender warrant that comes into effect at a later date if a person is serving a sentence for a different offence against Australian law).