Document ID: chunk:federal_register_of_legislation:F2022C00443:schedule:1:p5
Version: federal_register_of_legislation:F2022C00443
Segment Type: schedule
Provision Reference: sch 1 (pt 5/8)
Character Range: 13216–15945

the diplomatic channel or between the Department of Justice in Ireland and the Attorney General's Department of Australia, in which case the facilities of INTERPOL may be used. The application may be transmitted by post or telegraph or by any other means affording a record in writing.
    2. The application shall contain:
       (a) a statement of the nature of the offence and of the time and place of its commission;
       (b) a description of the person whose arrest is sought;
       (c) a statement of intention to request the extradition of that person;
       (d) (i) in the case of an application emanating from Ireland—a statement that a warrant for the apprehension of the person has been issued and is in force; or
       (ii) in the case of an application emanating from Australia—a statement that one of the documents mentioned in paragraph 3 (a) of Article V exists in respect of that person; and
       (e) a statement of the punishment that can be imposed for the offence, and, where a sentence has been imposed, a statement of that sentence and, in the case of a sentence of imprisonment, the period remaining to be served.
    3. On receipt of such an application the requested State shall take the necessary steps to secure the arrest of the person claimed and the requesting State shall be promptly notified of the result of its application.
    4. Unless the law of the requested State otherwise provides, a person arrested upon such an application shall be set at liberty upon the expiration of eighteen days from the date of his arrest if a request for his extradition, supported by the documents specified in Article V. 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 a request for his extradition is subsequently received.
    6. The provisions of Article VII shall apply mutatis mutandis to an application for provisional arrest.

ARTICLE IX

MULTIPLE REQUESTS

    1. If requests are received from two or more States for the extradition of the same person, whether for the same offence or for different offences, the requested State shall determine to which of those States the person is to be extradited and shall notify the requesting State 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) 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;
       (e) the ordinary place of