Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 36

(1)

This section applies if the ICC is considering an admissibility challenge under article 18 or 19 of the Statute, other than a challenge of the kind referred to in section 33 or 35.

(2)

The Attorney-General may, pending a determination by the ICC on the admissibility challenge, postpone the execution of a request under this Part in respect of the crime within the jurisdiction of the ICC to which the challenge relates.

(3)

If the ICC determines that the case to which the request relates is inadmissible, surrender must be refused.

(4)

If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.