International Criminal Court Act 2002
31Refusal of surrender
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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.