Document ID: chunk:federal_register_of_legislation:F2006L03650:body:0:p4
Version: federal_register_of_legislation:F2006L03650
Segment Type: other
Provision Reference: 
Character Range: 7435–10171

capital punishment in the Requesting Party but would not be subject to capital punishment in the Requested Party for the same offence under the laws of the Requested Party, no request for extradition shall be submitted without prior consultation and agreement by both Parties to make such a request.

3. Extradition may be refused in any of the following circumstances:

(a) if the person whose extradition is requested is a national of the Requested Party. Where the Requested Party refuses to extradite a national of that Party it shall, if the other Party so requests and the laws of the Requested Party allow, submit the case to the competent authorities with a view to having the person prosecuted under the laws of the Requested Party in respect of all or any of the offences for which extradition has been requested;

(b) if the offence for which extradition is requested is regarded under the laws of the Requested Party as having been committed in whole or in part within its jurisdiction;

(c) if a prosecution in respect of the offence for which extradition is requested is pending in the Requested Party against the person whose extradition is requested;

(d) if the competent authorities of the Requested Party have decided not to prosecute the person for the offence in respect of which extradition is sought; or

(e) if the surrender is likely to have exceptionally serious consequences for the person whose extradition is sought, particularly because of her or his age or state of health.

ARTICLE 4
EXTRADITION PROCEDURES AND SUPPORTING DOCUMENTS

1. A request for extradition shall be made in writing and sent through the diplomatic channel. A request from Australia to Malaysia shall be sent to the Minister charged with the responsibility for fugitive criminals. A request from Malaysia to Australia shall be sent to the Attorney‑General's Department. All documents submitted in support of a request for extradition shall be authenticated in accordance with Article 6. Three copies of the request and supporting documents shall also be provided. However, the copies do not require authentication.

2. All requests shall be supported by:

(a) the details necessary to establish the identity and nationality of the person sought including, when possible, photographs and fingerprints and a statement of the current location of the person, if known;

(b) a statement of each offence for which extradition is sought;

(c) a statement of the acts and omissions which are alleged against the person in respect of each offence for which extradition is sought;

(d) the text of the laws creating each offence;

(e) the text of the laws describing the penalty which may be imposed; and

(f) a statement as to whether there is