Document ID: chunk:federal_register_of_legislation:F1997B01926:body:0:p5
Version: federal_register_of_legislation:F1997B01926
Segment Type: other
Provision Reference: 
Character Range: 10104–12895

additional information be furnished within such time as it specifies.

2. If the person whose extradition is requested is under arrest and the additional information furnished is not sufficient or is not received within the time specified, the

SCHEDULE—continued
person may be released from custody but 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, the Requested State shall notify the Requesting State as soon as practicable.

ARTICLE 8

Provisional arrest

1. In case of urgency a Contracting Party through its appropriate authority, may apply by means of the facilities of the International Criminal Police Organisation (INTERPOL) or otherwise for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel.

2. The application shall contain a description of the person sought, an indication of intention to request the extradition of the person sought, a statement of the existence and terms of a warrant of arrest or a judgment of conviction against the person, a statement of the maximum punishment that can be imposed or the punishment that has been imposed for the offence, and a statement of the acts or omissions (including time and place) alleged to constitute the offence.

3. The Requested State shall promptly inform the Requesting State of any action taken on the application.

4. A person arrested upon such an application shall be set at liberty upon the expiration of forty five days from the date of his arrest if a request for his extradition, supported by the documents specified in Article 5, has not been received.

5. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

ARTICLE 9

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 States the person is to be extradited and shall notify the Requesting States of its decision.

2. In determining to which State a person is to be extradited, the Requested State shall have regard to all relevant circumstances and, in particular to:

      (a) if the requests relate to different offences—the relative seriousness of the offences;
      (b) the time and place of commission of each offence;
      (c) the respective dates of the requests;
      (d) the nationality of the person; and
      (e) the ordinary place of residence of the person.

ARTICLE 10

Surrender of person to be extradited

1. Australia shall not be required to