Document ID: chunk:federal_register_of_legislation:F2004C00101:body:0:p12
Version: federal_register_of_legislation:F2004C00101
Segment Type: other
Provision Reference: 
Character Range: 27643–30406

(a) a copy of the judgment of conviction, if available, or a statement by a judicial authority that the person has been found guilty;
         (b) information establishing that the person sought is the person to whom the finding of guilt refers;
         (c) a copy of the sentence imposed, if the person has been sentenced, and a statement establishing to what extent the sentence has been carried out; and
         (d) if the person has been found guilty but no sentence has been imposed, a statement affirming that it is intended to impose a sentence.

 (5) The documents which accompany an extradition request shall be received and admitted as evidence in extradition proceedings if:
         (a) in the case of a request from the United States, they
 (i) purport to be signed or certified by a judge, magistrate, or officer in or of the United States; and
 (ii) purport to be authenticated by the oath or affirmation of a witness or to be sealed with an official or public seal of the requesting State or of a Minister of State, or of a Department or officer of the Government of the requesting State;
         (b) in the case of a request from Australia, they are certified by the principal diplomatic or consular officer of the United States resident in Australia, as provided by the extradition laws of the United States; or
         (c) they are certified or authenticated in any other manner accepted by the law of the requested State."

ARTICLE 8

The text of Article XII of the Treaty is replaced by the following:

 "(1) In case of urgency, either Contracting Party may request the provisional arrest of the person sought pending presentation of the request for extradition. A request for provisional arrest may be transmitted through the diplomatic channel or directly between the Department of Justice in the United States and the Attorney-General's Department in Australia. The facilities of the International Criminal Police Organisation (Interpol) may be used to transmit such a request.

 (2) The application for provisional arrest shall contain:
         (a) a description of the person sought;
         (b) the location of the person sought, if known;
         (c) a brief statement of the facts of the case, including, if possible, the time and location of the offence;
         (d) a description of the laws violated or alleged to have been violated and, where applicable, the penalty which may be imposed;
         (e) a statement of the existence of a warrant of arrest or finding of guilt or judgment of conviction against the person sought; and
         (f) a statement that a request for the extradition of the person sought will follow.

 (3) On receipt of the application, the requested State shall take appropriate steps to secure