Document ID: chunk:federal_register_of_legislation:F1996B00826:body:0:p4
Version: federal_register_of_legislation:F1996B00826
Segment Type: other
Provision Reference: 
Character Range: 7616–10317

a person whose extradition is sought in order to proceed against the person, or so that the person may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is requested and where the government of the requested State so postpones the extradition it shall advise the government of the requesting State accordingly.

Article 6
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 duly authenticated.

2. The request for extradition shall be accompanied:
   a) if the person is accused or has been convicted in his absence of an offence—by a warrant of arrest, a judicial or other document, including a judgement, authorising the apprehension of the person or a copy of any such document, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the fugitive in respect of each offence;
   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, and the extent to which the sentence has not been carried out;
   c) if the person has been convicted of an offence in Australia but no sentence has been imposed—by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose a sentence;
   d) in all cases by a copy of the provisions of the relevant enactments or, where this is not possible, a statement of the relevant law creating the offence including any law relating to the limitation of proceedings or punishment, as the case may be and a statement of the punishment that can be imposed for the offence; and
   e) in all cases by as accurate a description as possible of the person sought together with any other information which will help to establish the person's identity and nationality.
SCHEDULE—continued
3. The documents submitted in support of a request for extradition shall be accompanied by a translation into the language of the requested State.

Article 7
Authentication of supporting documents
1. A document that, in accordance with article 6. accompanies a request for extradition shall be admitted in evidence if duly authenticated.

2. A document is duly authenticated for the purposes of this Treaty if:
   a) it purports to be signed or certified by a judge, magistrate or officer in or of the requesting State; and
   b) it purports to be sealed with an official or public seal of the requesting