Document ID: chunk:federal_register_of_legislation:F2006L03650:body:0:p10
Version: federal_register_of_legislation:F2006L03650
Segment Type: other
Provision Reference: 
Character Range: 22260–25037

to a third State or the relevant international tribunal established in accordance with a multilateral international convention that applies to the Requesting Party if –

(a) that person leaves the territory of the Requesting Party after the extradition and voluntarily returns to it; or

(b) that person does not leave the territory of the Requesting Party within 45 days of the day on which the person is free to leave.

4. For the purpose of sub‑paragraph (1)(a) and (2)(a), a Party whose consent is requested may require the submission of any document or statement referred to in Article 4.

ARTICLE 15
TRANSIT

1. Either Party may authorize transportation through its territory of a person surrendered to the other Party by a third State. A request for transit shall be made in writing or, where possible, by any means capable of producing a written record and transmitted directly between the Attorney‑General's Department of Australia and the Attorney General's Chambers of Malaysia. It shall contain a description of the person being transported and a brief statement of the facts of the case.

2. Upon receipt of such a request, the Requested Party shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so.

3. Permission for the transit of a person shall, subject to the laws of the Requested Party, include permission for the person to be held in custody during transit.

4. The Party to which the person is being extradited shall reimburse the other Party for any expense incurred by that other Party in connection with the transit.

ARTICLE 16
REPRESENTATION AND EXPENSES

1. The Requested Party shall advise, assist, appear in court on behalf of the Requesting Party, and represent the interests of the Requesting Party, or otherwise make the necessary arrangements for the Requesting Party's legal representation, in any proceedings arising out of a request for extradition.

2. The Requesting Party shall bear the expense related to the translation of documents and the transportation of the person surrendered. The Requested Party shall pay all other expenses incurred in that Party by reason of the extradition proceedings including expenses incurred in its territory in the arrest and detention of the person whose extradition is sought until that person is surrendered to a person nominated by the Requesting Party.

ARTICLE 17
WAIVER OF EXTRADITION PROCEEDINGS

1. If the person sought consents to return to the Requesting Party after personally being advised by a competent judicial authority of the effect of such consent under the laws of the Requested Party, and if so permitted by the laws of the Requested Party, the Requested Party may surrender him without further proceedings.

2. Surrender pursuant to