Document ID: chunk:federal_register_of_legislation:F1997B01928:body:0:p3
Version: federal_register_of_legislation:F1997B01928
Segment Type: other
Provision Reference: 
Character Range: 5198–7953

in his absence of an extraditable offence the person shall, for the purposes of this Treaty, be deemed not to have been convicted of that offence but shall be deemed to be charged with that offence

Article 5 (Nationals)

1. No Contracting Party shall be obliged to extradite its own nationals.
2. If Australia requests extradition of a person who, at the time of the request for extradition, is a permanent resident of Norway and a national of Denmark, Finland, Iceland or Sweden, extradition may be refused, specifying reasons therefore, but the requested State may extradite the person claimed if, in its discretion, it deems it proper to do so.
3. If extradition is not granted in pursuance of paragraphs 1 or 2, the requested State, if asked to do so by the requesting State, shall submit the case to its competent authorities in order that proceedings, if considered appropriate, may be taken in accordance with the law of the requested State, and shall inform the requesting State of the result of the request.

Article 6 (Political offences, race, humanitarian considerations)

1. A person shall not be extradited if the offence for which his extradition is requested is regarded by the requested State as an offence of a political character. An offence against the law relating to genocide shall not be regarded as an offence of a political character.
2. A person shall not be extradited if the requested State has substantial grounds for believing that the request for extradition was made for the purpose of prosecuting or punishing the person by reason of his race, religion, nationality, political opinions or other political circumstances or that his position may be prejudiced for any of these reasons.
3. A person shall not be extradited if the requested State, while also taking into account the nature of the offence and the interests of the requesting State, considers that, in the circumstances of the case, including the age, health or other personal circumstances of the person claimed, the extradition of that person would be in conflict with fundamental humanitarian considerations.

Article 7 (Military offences, provisional courts, non bis in idem, lapse of time, etc.)

1. Extradition may be refused where the offence for which extradition is requested is considered by the requested State to constitute only a breach of military law. Where the offence for which extradition is requested 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.

SCHEDULE—continued

2. Extradition may further be refused where:
   (a) the person claimed