Document ID: chunk:federal_register_of_legislation:F2023L01553:schedule:1:p3
Version: federal_register_of_legislation:F2023L01553
Segment Type: schedule
Provision Reference: sch 1 (pt 3/10)
Character Range: 9348–12170

of the Requesting State unless that State gives such assurances as the Requested State considers sufficient that the death penalty will not be imposed or, if imposed, will not be carried out; or
      f) if the Requested State has substantial grounds to believe that the person whose extradition is requested would be in danger of being subjected in the Requesting State to torture or other cruel, inhuman or degrading treatment or punishment.

Article 4
EXTRADITION OF NATIONALS

1. The Contracting States may refuse the extradition of their nationals.
2. If the Requested State refuses to extradite its national it shall, at the request of the Requesting State, submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate.

Article 5
DISCRETIONARY EXCEPTIONS TO EXTRADITION
Extradition may be refused in any of the following circumstances:

      a) if the offence for which extradition is requested is regarded under the laws of the Requested State as having been committed in whole or in part within the territory of that State;

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

      c) 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 person's health, age or other personal circumstances, the extradition of the person would be unjust or oppressive;

      d) if prosecution or carrying out of a sentence for the offence for which extradition is requested would be barred by reason of lapse of time under the law of the Requested State;

      e) if the person whose extradition is requested has been sentenced or would be liable to be tried or sentenced in the Requesting State by an extraordinary or ad hoc court or tribunal;

      f) where the person sought is in the Requested State as the result of extradition from a third State and any consent of that third State, if required for re‑extradition, is denied; or

      g) if the competent authorities of the Requested State have decided either to terminate or not to institute proceedings against the person for the offence for which the extradition is sought.

Article 6
COMMUNICATIONS AND LANGUAGE

1. Each Contracting State shall appoint a Central Authority for the purposes of this Treaty. The Central Authority for the Czech Republic shall be the Ministry of Justice and the Central Authority for Australia shall be the Commonwealth Attorney‑General's Department. Each Contracting State shall notify the other in writing of any change of its Central Authority.

2. Requests for extradition shall be transmitted directly