Document ID: chunk:federal_register_of_legislation:F2006L03650:body:0:p7
Version: federal_register_of_legislation:F2006L03650
Segment Type: other
Provision Reference: 
Character Range: 14837–17586

between the Attorney‑General's Department of Australia and the Attorney General's Chambers of Malaysia and by means of the facilities of the International Criminal Police Organisation (INTERPOL).

4. On receipt of the request for provisional arrest, the Requested Party shall take appropriate steps to secure the arrest of the person sought. The Requesting Party shall be promptly notified of the result of its request and the reason for any denial.

5. A person arrested under the request for provisional arrest may be discharged upon the expiration of 60 days from the date of that person's provisional arrest if a request for extradition, supported by the documents specified in Article 4, has not been received.

6. The discharge of a person pursuant to paragraph 5 of this Article shall not prevent the institution of proceedings to extradite the person sought if the extradition request is subsequently received.

ARTICLE 9
COMPETING REQUESTS

1. If the Requested Party receives requests from more than one State for the extradition of the same person, either for the same offence or for a different offence, the Requested Party shall determine to which of those States the person is to be extradited and shall notify the States of its decision.

2. In making its decision, the Requested Party shall consider all relevant factors, including –

(a) whether the requests were made pursuant to any treaties;

(b) the time and place of the commission of each offence;

(c) the respective interests of the requesting States;

(d) the gravity of the offences;

(e) the nationality of the victim;

(f) the nationality of the person sought;

(g) the ordinary place of residence of the person;

(h) the possibility of further extradition between the requesting States; and

(i) the order in which the requests were received from the requesting States.

ARTICLE 10
DECISION AND SURRENDER

1. The Requested Party shall, as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting Party.

2. If the request is denied in whole or in part, the Requested Party shall provide an explanation of the reasons for the denial. The Requested Party shall provide copies of the pertinent judicial decisions regarding the case upon request.

3. If the request for extradition is granted, the authorities of the Parties shall agree on the date and place for the surrender of the person sought.

4. If the person sought is not removed from the territory of the Requested Party by an agent of the Requesting Party within the time prescribed by the law of the Requested Party, the person may be discharged, and the Requested Party may subsequently refuse extradition for the same offence.

5. If circumstances beyond its