An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes
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:
there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to the same conduct, and subsection 39(6) applies;
Competing request - same conduct - State not Party
EDIT.