Document ID: chunk:federal_register_of_legislation:F2004C00077:body:0:p5
Version: federal_register_of_legislation:F2004C00077
Segment Type: other
Provision Reference: 
Character Range: 9980–12704

be granted, that Party may request that additional information be furnished within such time as it specifies.

2. If the person whose extradition is requested is under arrest and the additional information furnished is not sufficient in accordance with this Treaty or is not received within the time specified, the person may be released from custody.  Such release shall not preclude the requesting Party from making a fresh request for the extradition of the person.

3. Where the person is released from custody in accordance with paragraph 2, the requested Party shall notify the requesting Party as soon as practicable.

ARTICLE 13
PROVISIONAL ARREST
1. In case of urgency, a Contracting Party may apply for the provisional arrest of a person sought. The application for provisional arrest shall be made through the diplomatic channel or between the Department of Justice of Italy and the Attorney-General's Department of Australia, in which case the facilities of the International Criminal Police Organisation (INTERPOL) may be used. The application may be transmitted by post or telegraph or by any other means affording a record in writing.

2. The application shall contain a description of the person sought, a statement that extradition is to be requested, a statement of the existence and terms of a warrant of arrest or a judgement of conviction against the person, a statement of the punishment that can be imposed or has been imposed for the offence and, if requested by the requested Party, a concise statement of the acts or omissions alleged to constitute the offence.

3. On receipt of such an application the requested Party shall take the necessary steps, in accordance with its law, to secure the arrest of the person sought and the requesting Party shall be promptly notified of the result of its request.

4. A person arrested upon such an application shall be set at liberty upon the expiration of forty-five days from the date of his arrest if a request for his extradition, supported by the documents specified in Article 10, has not been received.

5. The release of a person pursuant to paragraph 4 of this Article shall not prevent the re-arrest and the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

ARTICLE 14
CONFLICTING REQUESTS
1. Where requests are received from two or more States for the extradition of the same person, the requested Party shall determine to which of those States the person is to be extradited and shall notify the requesting Party of its decision.

2. In determining to which State a person is to be extradited, the requested Party shall have regard to all relevant circumstances and, in particular,