Document ID: chunk:federal_register_of_legislation:F2001B00110:body:0:p4
Version: federal_register_of_legislation:F2001B00110
Segment Type: other
Provision Reference: 
Character Range: 7621–10400

is sought is pending in the Requested State against the person whose extradition is sought;
       (f) if the offence for which extradition is sought is an offence which carries a punishment of the kind referred to in Article 7 of the International Covenant on Civil and Political Rights;
       (g) 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 whose extradition is sought, the extradition of that person would be unjust, oppressive, incompatible with humanitarian considerations or too severe a punishment; or
       (h) if, by reason of the trivial nature of the request, or the period of time since the person whose extradition is sought is alleged to have committed the offence or since he or she came to be at large, as the case may be, or because the accusation against the person accused is not made in good faith or in the interest of justice, it would be, having regard to all circumstances, unjust or oppressive to extradite that person.

3. This Article shall not affect any obligations which have been or shall in future be assumed by the Contracting States under any multilateral Convention.

       Article 4
       Postponement of extradition

The Requested State may postpone the extradition of a person in order to proceed against that person, or so that that person may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is sought. In such case the Requested State shall advise the Requesting State accordingly.

       Article 5
       Extradition procedure and required documents

1. A request for extradition shall be made in writing and shall be communicated through the diplomatic channel.  All documents submitted in support of a request for extradition shall be authenticated in accordance with Article 6.

2. The request for extradition shall be accompanied:
       (a) if the person is accused of an offence—by a warrant for the arrest or a certified copy of the warrant for the arrest of the person, a statement of each offence for which extradition is sought, a statement of the acts or omissions which are alleged against the person in respect of each offence and, where the request emanates from Australia, a certificate issued by the authority in charge of the prosecution stating that the authority has sufficient evidence at its disposal to warrant the prosecution of the person concerned;
       (b) if the person has been convicted of an offence—by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable,