Document ID: chunk:federal_register_of_legislation:F2004C00142:body:0:p6
Version: federal_register_of_legislation:F2004C00142
Segment Type: other
Provision Reference: 
Character Range: 12541–15162

extradition 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 XII

 Where extradition is granted, the requesting State shall comply with the following conditions:

 (a) 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; and

 (b) the extradited person shall not, unless he commits a new offence, be prevented from leaving the requesting State during a period of forty-five days after the completion of the legal proceedings, and the serving of any sentence that may have been imposed upon him, for the offence for which extradition was granted.

ARTICLE XIII

1. Where extradition of a person for an offence is granted, the person shall be conveyed by the appropriate authorities of the requested State to a port or airport in the territory of that State agreed between that State and the requesting State.

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 XIV

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 after the 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 XV

1. Subject to paragraph 3 of this