Document ID: chunk:federal_register_of_legislation:F1997B01931:body:0:p4
Version: federal_register_of_legislation:F1997B01931
Segment Type: other
Provision Reference: 
Character Range: 7823–10476

for which his extradition is requested.

ARTICLE 5

(1) Neither Contracting Party shall be obliged to extradite its own nationals.
(2) For the purposes of this Article, the expression 'national', in relation to Australia, includes an Australian protected person.

ARTICLE 6

A person shall not be extradited if he is liable to be tried by a Court that is only provisionally, or under exceptional circumstances, empowered to deal with the offence for which his extradition is requested, or if his extradition is requested for the purpose of his serving a sentence imposed by such a Court.

ARTICLE 7

If, under the law of the requesting State, a person whose extradition is requested is liable to the death penalty for an offence for which his extradition is requested but the law of the requested State does not provide for the death penalty in a similar case, the requested State may refuse the extradition of the person unless the requesting State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out.

ARTICLE 8

An amnesty law of the requested State shall not preclude the extradition of a person if the act or omission constituting the offence for which his extradition is requested is not subject to the jurisdiction of that State.

ARTICLE 9

The requested State may postpone the extradition of a person in order to prosecute him for an offence, other than an offence constituted by the act or omission for which his extradition is requested, or in order that he may serve a sentence for such an offence, and shall advise the requesting State accordingly.

ARTICLE 10

(1) Subject to paragraph 3, a person extradited under this Treaty shall not—
    (a) be detained or tried, or be subjected to any other restriction of his personal liberty, in the requesting State for any offence committed before his extradition other than—

SCHEDULE 1—continued

      (i) an offence for which he was extradited or any other offence referred to in Article 3 of which he could be convicted upon proof of the facts upon which the request for his extradition was based: or
      (ii) any other offence referred to in Article 3 in respect of which the requested State consents to his being so detained or tried, or subjected to any other restriction of his personal liberty; or
    (b) be extradited to a third State unless the requested State consents to his being so extradited.
(2) A request for the consent of the requested State under this Article shall be accompanied by a copy of any statement made by the extradited person in respect of the offence concerned and by the documents mentioned in subparagraphs (a) to