Document ID: chunk:federal_register_of_legislation:F2004C00101:body:0:p7
Version: federal_register_of_legislation:F2004C00101
Segment Type: other
Provision Reference: 
Character Range: 15144–17839

for extradition was based.

 (2) Except as provided in to paragraph (1) of this Article, a person extradited under this Treaty shall not be detained, tried or punished in the territory of the requesting State for an offence other than that for which extradition has been granted, or be extradited by that State to a third State, unless—

   (a) he has left the territory of the requesting State after his extradition and has voluntarily returned to it;

   (b) he has not left the territory of the requesting State within thirty days after being free to do so; or

   (c) the offence concerned is one for which the requested State has consented to his detention, trial or punishment or to his extradition to a third State and is an offence mentioned in Article II.

 (3) A request for the consent of the requested State under subparagraph (c) of paragraph (2) of this Article shall be accompanied by such information and documents as are requested by that State.

 (4) This Article does not apply to offences committed after the extradition.

ARTICLE XV

 A requested State, upon receiving two or more requests for the extradition of the same person either for the same offence, or for different offences, shall determine to which of the requesting States it will extradite the person sought, taking into consideration the circumstances and particularly the possibility of a later extradition between the requesting States, the seriousness of each offence, the place where the offence was committed, the nationality and residence of the person sought, the dates upon which the requests were received and the provisions of any extradition agreements between the requested State and the other requesting State or States.

ARTICLE XVI

 (1) The requested State shall promptly communicate to the requesting State through the diplomatic channel the decision on the request for extradition.

 (2) Where extradition of a person for an offence is granted, the person shall be conveyed by the appropriate authorities of the requested State to a port or airport in the Territory of that State agreed between that State and the requesting State.

 (3) If a warrant or order for the extradition of a person sought has been issued by the competent authority and he is not removed from the territory of the requested State within such time as is prescribed by the laws of that State, he may be set at liberty, and the requested State may subsequently refuse to extradite that person for the same offence.

 (4) Australia is not required to extradite a person before the expiration of fifteen days after the date on which he has been held judicially to be liable to extradition, or, if proceedings for a writ