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
(3) The request for extradition by the foreign country may continue to be dealt with if:
(a) Australia is not under an international obligation to extradite the person to the foreign country; and
(b) the ICC has not yet determined under article 18 or 19 of the Statute that the case is admissible.
(4) Despite subsection (3), no person may be extradited under the Extradition Act 1988 pursuant to the request for extradition unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.
(5) Subsection (4) does not apply if the ICC does not make its determination on an expedited basis.

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
(3) The request from the foreign country may continue to be dealt with if:
(a) Australia is not under an international obligation to comply with the request; and
(b) the ICC has not yet determined under article 18 or 19 of the Statute that the case is admissible.