Document ID: chunk:federal_register_of_legislation:F2003B00239:body:0:p8
Version: federal_register_of_legislation:F2003B00239
Segment Type: other
Provision Reference: 
Character Range: 17757–20446

request pursuant to sub-paragraph 1 (a) of this Article, the Requested Party may request the production of the documents mentioned in Article 5.

Article 14
Transit

1. The transit of a person, who is the subject of extradition from a third State through the territory of one of the Contracting Parties to the territory of the other Contracting Party, shall be granted upon submission of a request, provided the offence involved is an extraditable offence under Article 2 and that the Contracting Party requested to permit transit does not consider the offence to be one covered by Article 3.

2. The request for transit shall be accompanied by the copies of documents mentioned in sub-paragraphs 2 (a) and 2 (b) of Article 5.

3. The Requested Party shall not be bound to permit the transit of its nationals, nor of a person who may be prosecuted or required to serve a sentence in its territory.

4. If air transport is to be used, the following provisions shall apply:

       (a) when no intermediate stop is scheduled, the Requesting Party shall notify the Requested Party that transit will occur, and that one of the documents described in paragraph 2 (a) of Article 5 exists and state the name and nationality of the person in transit;

       (b) when an unscheduled landing occurs, notification as provided in the previous sub-paragraph shall have the effect of a request for provisional arrest as provided in Article 8.  Thereupon, transit will be requested as provided for in paragraph 1 of this Article; or

       (c) when an intermediate stop is required, the Requesting Party shall submit a request as provided in paragraph 1 of this Article.

5. If circumstances require the person to be held in custody during transit, the Requesting Party may be required to follow the provisions in paragraph 2 of Article 8.

6. Where a person is being held in custody for the purposes of transit, the Contracting Party in whose territory the person is being held, may direct that the person be released if transportation is not continued within a reasonable time.

Article 15
Competent authorities

For the purposes of Articles 6 and 8 of this Treaty, competent authorities are:

       (a) for Turkey - a Judge, a Court or a Public Prosecutor; and

       (b) for Australia - the Attorney-General, a Judge or a Magistrate.

Article 16
Expenses

1. All expenses incurred in the territory of the Requested Party for dealing with the extradition request shall be borne by that Party until surrender.

2. The expenses after surrender shall be borne by the Requesting Party.

3. The expenses incurred by reason of transit shall be borne by the Requesting Party.

Article 17
Entry into force