Document ID: chunk:federal_register_of_legislation:F2008L00529:body:0:p9
Version: federal_register_of_legislation:F2008L00529
Segment Type: other
Provision Reference: 
Character Range: 20484–23126

to death, disappearance or escape.
ARTICLE 18
RULE OF SPECIALTY

(1) A person who has been surrendered shall not be proceeded against, sentenced or detained with a view to the carrying out of any sentence for any offence committed prior to surrender other than:
 (a) the offence in respect of which return is ordered;
 (b) any lesser offence, however described, disclosed by the facts in respect of which return was ordered provided such an offence is an offence for which the person sought can be returned under this Agreement;
 (c) any other offence being an offence for which surrender may be granted under this Agreement in respect of which the requested Party consents to the person being dealt with;
unless that person has first had an opportunity to leave Australia or Hong Kong, as the case may be, and has not done so within forty days of having been free to leave or has returned after having left.

(2) A Party whose consent is requested under paragraph (1)(c) may require the submission of any document or statement mentioned in Article 9.
ARTICLE 19
RESURRENDER

(1) Where a person has been surrendered to the requesting Party by the requested Party, that person is not liable to surrender or rendition to any other state or jurisdiction for an offence committed before that person's surrender unless:
 (a) the requested Party consents to that surrender or rendition; or
 (b) the person has first had an opportunity to leave Australia or Hong Kong, as the case may be, and has not done so within forty days of having been free to leave or has returned after having left.

(2) A Party whose consent is requested under paragraph (1)(a) may require the submission of any document or statement mentioned in Article 9.
ARTICLE 20
TRANSIT

(1) To the extent permitted by its law, transit through the jurisdiction of a Party may be granted on a request in writing. The Party through whose jurisdiction transit will occur may request the information referred to in paragraph (2)(b) of Article 9.

(2) Permission, if given, for the transit of a person shall include permission for the person to be held in custody during transit.
ARTICLE 21
ENTRY INTO FORCE AND TERMINATION

(1) This Agreement shall enter into force thirty days after the date on which the Parties have notified each other in writing that their respective requirements for the entry into force of this Agreement have been complied with.

(2) The provisions of this Agreement shall apply to requests made after its entry into force regardless of the date of commission of the offence or offences set out in the request.

(3) Each of the Parties may terminate this