Part 3—Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

37 Request from ICC and a foreign country relating to same conduct
If a request for surrender of a person is made and a foreign country requests the extradition of the person for the conduct that forms the basis of the crime for which the person’s surrender is sought, the Attorney-General:
(a) must notify the ICC and the foreign country of that fact; and
(b) must determine, in accordance with section 38 or 39, whether the person is to be surrendered or is to be extradited to the foreign country.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

57 Request from ICC and a foreign country relating to same conduct
If a request for cooperation is made and a foreign country requests assistance from Australia in respect of a matter relating to the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney-General:
(a) must notify the ICC and the foreign country of that fact; and
(b) must determine, in accordance with section 58 or 59, whether the request for cooperation or the request from the foreign country is to be complied with.