Document ID: chunk:federal_register_of_legislation:F1996B01213:body:0:p4
Version: federal_register_of_legislation:F1996B01213
Segment Type: other
Provision Reference: 
Character Range: 7669–10418

absence of an offence—by a judicial or other document, or a copy thereof, authorising the apprehension of the person, a statement of each offence for which extradition is requested and a description of the acts or omissions which are alleged against the person in respect of each offence;
      (c) if the person has been convicted of an offence otherwise than in that person's absence—by a statement of each offence for which extradition is requested and a description of the acts or omissions which are alleged against the person in respect of each offence, and by documents evidencing the conviction and penalty imposed, the fact that the sentence is immediately enforceable, and the extent to which the penalty has not been carried out;
      (d) if the person has been convicted of an offence otherwise than in that person's absence but no penalty has been imposed—by a statement of each offence for which extradition is requested and a description of the acts or omissions which are alleged against the person in respect of each offence, and by documents evidencing the conviction and a statement affirming that it is intended to impose a penalty;
      (e) in all cases—by a statement of the relevant law creating the offence, including any provision relating to the limitation of proceedings and a statement of the penalty that can be imposed for the offence; and
      (f) in all cases—by a description which is as accurate as possible of the person sought together with any other information which may help to establish the person's identity and nationality.

3. Extradition may be granted of a person pursuant to the provisions of this Treaty notwithstanding that the requirements of Paragraphs 1 and 2 of this Article have not been complied with, provided that the person sought consents to being extradited.

4. All documents submitted by Switzerland in support of the request for extradition shall be in, or shall be translated into English. All documents submitted by Australia in support of the request for extradition shall be in or shall be translated into an official language of Switzerland, to be specified in each case by the competent authority of Switzerland.

ARTICLE 5

Authentication of Supporting Documents
1. A document that, in accordance with Article 4, accompanies a request for extradition shall be admitted, if authenticated, in any extradition proceedings in the Requested State.

SCHEDULE—continued

2. A document is authenticated for the purposes of this Treaty if:
      (a) it purports to be signed or certified by a Judge. Magistrate or officer in or of the Requesting State: and
      (b) it purports to be sealed with an official seal of the Requesting State or of a Minister of State, or of a Department of