Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) an ICC prisoner serving a sentence in a foreign country escapes from custody and is located in Australia; and
(b) the foreign country makes a request to Australia for the person's surrender in accordance with article 111 of the Statute;
the Extradition Act 1988 applies to the request:
(c) subject to necessary limitations, conditions, exceptions or qualifications; and
(d) as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).
(2) If:
(a) an ICC prisoner serving a sentence in Australia escapes from custody and is located in a foreign country; and
(b) the Attorney - General wishes to make a request to that country for the person's surrender in accordance with article 111 of the Statute;
the Attorney - General may request the person's extradition under the Extradition Act 1988 , and that Act applies:
(c) with any necessary limitations, conditions, exceptions or qualifications; and
(d) as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).