Document ID: chunk:federal_register_of_legislation:F2004C00077:body:0:p2
Version: federal_register_of_legislation:F2004C00077
Segment Type: other
Provision Reference: 
Character Range: 2560–5255

type of association to commit offences described in paragraph 1 of this Article, as provided by the law of Italy, and conspiracy to commit an offence described in paragraph 1 of this Article, as provided by the law of Australia, shall also be extraditable offences.

3. It shall not matter whether the laws of the Contracting Parties place the acts or omissions constituting the offence within a different category of offence or denominate the offence by different terminology.

4. In determining whether an offence is an offence against the laws of both Contracting Parties, the totality of the acts or omissions alleged against the person sought shall be taken into account.

ARTICLE 3
PLACE OF COMMISSION OF OFFENCE
 When an offence has been committed outside the territory of the requesting Party, the requested Party may grant extradition if its law provides for the punishment of such an offence or if the person sought is a national of the requesting Party.

ARTICLE 4
REFUSAL OF EXTRADITION
 Extradition shall not be granted if:

 (a) the offence for which extradition is requested is regarded by the requested Party as a political offence; or

 (b) the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or political opinions or that that person's position may be prejudiced for any of those reasons; or

 (c) the offence for which extradition is requested is an offence under military law, which is not an offence under the ordinary criminal law; or

 (d) final judgement has been passed in the requested Party or in a third State in respect of the offence for which the person's surrender is sought; or

 (e) the person whose surrender is sought has, according to the law of either the requesting Party or the requested Party, become immune from prosecution or punishment by reason of lapse of time.

ARTICLE 5
DISCRETIONARY REFUSAL
1. Extradition may be refused if:

 (a) the person sought is a national of the requested Party. Where the requested Party refuses to extradite one of its nationals it shall, if the other Party so requests and the law of the requested Party allows, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be taken; or

 (b) the competent authorities of the requested Party have decided to refrain from prosecuting the person sought for the offence in respect of which extradition is requested and in respect of which the requested