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.
Competing request - same conduct - State not Party - no international obligation - case admissible
EDIT.