Document ID: chunk:federal_register_of_legislation:F1997B01937:body:0:p7
Version: federal_register_of_legislation:F1997B01937
Segment Type: other
Provision Reference: 
Character Range: 15465–18067

of a person in order to proceed against him or so that he may serve a sentence for an offence other than an offence constituted by an act or omission for which his extradition is requested and, where the requested State so postpones the extradition of a person, it shall advise the requesting State accordingly.
Article 12
Where the act or omission for which extradition is granted is of a kind that, under the law of the requested State, constitutes both an offence against military law and another offence against the law of that State, the extradited person shall not be proceeded against for the offence against military law.
Article 13
1. Where extradition of a person for an offence is granted, the person shall be removed from the territory of the requested State from a point of departure in the territory of that State convenient to the requesting State.

SCHEDULE 1—continued

2. The requesting State shall remove the person from the territory of the requested State within such reasonable period as the last-mentioned State specifies and if the person is not removed within that period, the requested State may refuse to extradite him for the same offence.
3. Australia is not required to extradite a person before the expiration of fifteen days after:
    (a) the date on which he has been held judicially to be liable to extradition; or
    (b) if proceedings for a writ of habeas corpus have been brought—the final decision of the competent court has been given.
Article 14
1. To the extent that the law of the requested State permits, any property that may be material as evidence in proving the offence for which the extradition of a person is requested or that has been acquired by the person directly or indirectly as a result of the offence shall, if the requesting State so requests, be delivered up with the person on his surrender.
2. Any property so delivered up shall be returned to the requested State free of charge alter trial of the person surrendered if that State so requests.
3. This Article shall not be applied so as to prejudice the rights of any person in respect of any property.
Article 15
1. Subject to paragraph 3 a person extradited under this Treaty shall not:
    (a) be detained or tried, or be subjected to any other restriction of his personal liberty, in the territory of the requesting State for any offence committed before his extradition oilier than—
        (i) an offence for which he was extradited or any other offence to which Article 2 applies of which he could be convicted upon proof of the facts upon which the request for his extradition was