Document ID: chunk:federal_register_of_legislation:F1997B01933:body:0:p6
Version: federal_register_of_legislation:F1997B01933
Segment Type: other
Provision Reference: 
Character Range: 12645–15418

to appeal against the decision or to seek a new trial;
    (c) if the person has been convicted of an offence otherwise than in that person's absence—documents evidencing 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;
    (d) if the person has been convicted of an offence otherwise than in that person's absence but no sentence has been imposed—documents evidencing the conviction and a statement affirming that it is intended to impose a sentence:
    (e) in all cases—a statement of the relevant law creating the offence, including any provision relating to the limitation of proceedings and a statement of the penalty that can be imposed for the offence:
    (f) in all cases—a description which is as accurate as possible of the person sought together with any other information which may help to establish the person's identity and nationality: and
    (g) if applicable, a statement concerning acts which have prevented the person from becoming immune from prosecution or sentence by reason of lapse of time in relation to the offence for which extradition is requested, according to the law of the Requesting State:
3. A request for extradition emanating from Australia shall provide:
    (a) matter which is as precise as possible to identify the person whose extradition is requested;
    (b) matter to demonstrate that the person sought is subject to the criminal jurisdiction of Australia, or of a part thereof;

SCHEDULE—continued

    (c) in the case of an offence committed in a third State, matter to demonstrate that the third State does not claim the person sought for that offence;
    (d) in cases of conviction in absentia information that the person sought may appeal against the conviction or seek a new trial;
    (e) an assurance that the person sought will be afforded the protection provided for by Articles 5 and 6 of this Treaty.
4. To the extent permitted by the law of the Requested State, extradition may be granted of a person sought pursuant to the provisions of this Treaty notwithstanding that the requirements of the preceding paragraphs of this Article have not been complied with, provided that the person consents to an order for extradition being made.

ARTICLE 9

AUTHENTICATION OF SUPPORTING DOCUMENTS

1. A document that, in accordance with Article 8, accompanies a request for extradition shall be admitted, if authenticated, in any extradition proceedings in the Requested State.
2. A document is 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