Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 58

Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

  (1)   This section applies if:

  (a)   section   57 applies; and

  (b)   the foreign country is a party to the Statute.

  (2)   Priority must be given to the request for cooperation if:

  (a)   the ICC has, under article 18 or 19 of the Statute, made a determination that the case is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country; or

  (b)   the ICC makes such a determination after receiving notification of the request from the foreign country.

  (3)   If the ICC has not made a determination referred to in subsection   ( 2), then, pending the making of such a determination:

  (a)   any preliminary steps required to be taken to give effect to the request from the foreign country may continue to be taken; but

  (b)   the request may not be complied with unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.

  (4)   Paragraph   ( 3)(b) does not apply if the ICC does not make its determination on an expedited basis.



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