An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes
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
(2) Priority must be given to the request for cooperation if:
Australia is not under an international obligation to comply with the request from the foreign country; and
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.