Document ID: chunk:federal_register_of_legislation:F2010L00601:body:0:p6
Version: federal_register_of_legislation:F2010L00601
Segment Type: other
Provision Reference: 
Character Range: 12874–15689

extradition is requested is under arrest and the additional information furnished is not sufficient in accordance with this Treaty or is not received within the time specified, the person may be released from custody.  Such release shall not preclude the Requesting State from making a fresh request for the extradition of the person.

3. Where the person is released from custody in accordance with paragraph 2 of this Article, the Requested State shall notify the Requesting State as soon as practicable.

ARTICLE 9
PROVISIONAL ARREST

1. In case of urgency a Requesting State may apply by means of the facilities of the International Criminal Police Organisation (INTERPOL), the diplomatic channel or directly between the Central Authorities for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel.  The application shall be made in writing and transmitted by any means including electronic means.

2. The Central Authority of Australia shall be the Attorney-General's Department, Canberra and the Central Authority of The State of the United Arab Emirates shall be the Ministry of Justice.  Either State shall notify the other of any change of its Central Authority.

3. The application for provisional arrest shall contain:

         (a) a description of the person sought, including, if possible, a photograph or fingerprints;

    (b) the location of the person sought, if known;

         (c) a concise statement of the acts or omissions alleged to constitute each offence and a statement of the provisions of the law allegedly breached for each offence;

         (d) a statement of the existence of a warrant of arrest, or finding of guilt or judgment of conviction, against the person sought;

         (e) a statement of the punishment that can be, or has been, imposed for the offences; and

         (f) a statement that a request for the extradition of the person is to follow.

4. On receipt of such an application, the Requested State shall take the necessary steps to secure the arrest of the person sought and the Requesting State shall be promptly notified of the result of its application.

5. A person arrested upon such an application may be set at liberty upon the expiration of 60 days from the date of that person's arrest if a request for extradition, supported by the documents specified in Article 6, has not been received.

6. The release of a person pursuant to paragraph 5 of this Article shall not prevent the institution of proceedings to extradite the person sought if the extradition request is subsequently received.

ARTICLE 10
CONFLICTING REQUESTS

1. Where requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those