Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
39 Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute
(2) Priority must be given to the request for surrender if:
(a) Australia is not under an international obligation to extradite the person to the foreign country; and
(b) the ICC has determined under article 18 or 19 of the Statute that the case is admissible.
Part 4—Other requests by ICC
Division 3—Restrictions on provision of assistance
59 Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute
(2) Priority must be given to the request for cooperation if:
(a) Australia is not under an international obligation to comply with the request from the foreign country; and
(b) the ICC has determined under article 18 or 19 of the Statute that the case is admissible.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.