Document ID: chunk:federal_register_of_legislation:C2021C00313:section:31
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 31
Character Range: 52394–53155

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.