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
(6) If Australia is under an international obligation to extradite the person to the foreign country, the Attorney-General must determine whether to surrender the person or to extradite the person to the foreign country.
(7) In making the determination under subsection (6), the Attorney-General must consider all relevant matters, including, but not limited to:
(a) the respective dates of the requests; and
(b) the interests of the foreign country, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) the possibility of subsequent surrender between the ICC and the foreign country.

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
(4) If Australia is under an international obligation to comply with the request from the foreign country, the Attorney-General must determine whether the request for cooperation or the request from the foreign country is to be complied with.
(5) In making a determination under subsection (4), the Attorney-General must consider all relevant matters, including, but not limited to:
(a) the respective dates of the requests; and
(b) the interests of the foreign country, including, if relevant, whether the crime to which the request from that country relates was committed in its territory and the nationality of the victims and of the person who is alleged to have engaged in the conduct forming the basis of that crime.