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

Division 4—Surrender of persons

31 Refusal of surrender
(2) The Attorney-General may refuse a request for surrender of a person if:
(b) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to different conduct, and subsection 40(3) applies.

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

Division 4—Surrender of persons

40 Request from ICC and foreign country relating to different conduct
(1) If a request for surrender of a person is made and a foreign country requests the extradition of the person for conduct other than the conduct that forms the basis of the crime for which the person’s surrender is sought, the Attorney-General must determine whether the person is to be surrendered or is to be extradited to the foreign country.
(2) If Australia is not under an international obligation to extradite the person to the foreign country, priority must be given to the request from the ICC.
(3) 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.
(4) In making the determination under subsection (3), the Attorney-General must consider all relevant matters, including, but not limited to, the matters specified in subsection 39(7), but must give special consideration to the relative nature and gravity of the conduct for which surrender and extradition are sought.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

51 Refusal of assistance
(2)
(c) if there are competing requests from the ICC, and from a foreign country, relating to different conduct, and subsection 60(3) applies.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

60 Request from ICC and foreign country relating to different conduct
(1) If a request for cooperation is made and a foreign country requests assistance from Australia in respect of a matter relating to conduct other than the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney-General must determine whether the request for cooperation or the request from the foreign country is to be complied with.
(2) If Australia is not under an international obligation to comply with the request from the foreign country, priority must be given to the request for cooperation.
(3) 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.
(4) In making a determination under subsection (3), the Attorney-General must consider all relevant matters, including, but not limited to, the matters specified in subsection 59(5), but must give special consideration to the relative seriousness of the offences to which the requests relate.