Document ID: chunk:federal_register_of_legislation:F2013L01473:schedule:1:p2
Version: federal_register_of_legislation:F2013L01473
Segment Type: schedule
Provision Reference: sch 1 (pt 2/9)
Character Range: 4201–6905

not so provide, the Requested Party may, in its discretion, grant extradition.

 6. Extradition may be granted under this Treaty provided that:

a)                   the conduct in respect of which extradition is sought constituted an offence in the Requesting Party at the time it occurred; and

b)                   the conduct would, if it had taken place in the territory of the Requested Party at the time the request for extradition was received, have constituted an offence in that Party.

ARTICLE 3
EXCEPTIONS TO EXTRADITION

 1. Extradition shall be refused if:

 a) 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, ethnic origin, gender, language, religion, nationality, political opinion or other status, or that that person's position may be prejudiced for any of those reasons;

 b) the person has been acquitted or pardoned, or has undergone the punishment provided by the law of the Requested Party, or a third State, in respect of the offence for which the person's extradition is sought;

 c) the person whose extradition is sought has, according to the law of the Requesting Party, become immune from prosecution or punishment by reason of lapse of time;

 d)  the offence of which the person sought is accused or convicted, or any other offence for which that person may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the Requesting Party, unless that Party undertakes that the death penalty will not be imposed or, if imposed, will not be carried out; or

 e)  the Requested Party has substantial grounds for believing that the person whose extradition is sought would be subjected in the Requesting Party to torture.

 2. Extradition may be refused if:

 a)  the offence for which extradition is sought is regarded by the Requested Party as a political offence. The Parties will not consider as a political offence the taking or attempted taking of the life or an attack on the person of a Head of State or a member of his or her family, or conduct which is required to be punishable as a criminal offence under multilateral treaties to which both Parties are parties;

 b)  the offence for which extradition is sought is regarded by the Requested Party as an offence under military law, but not an offence under the ordinary criminal law of the Requested Party;

 c)  the offence for which extradition is sought is regarded under the law of the Requested Party as having been committed in whole or in part within that Party;

 d)  a prosecution is respect of