Document ID: chunk:federal_register_of_legislation:F2007L00845:body:0:p5
Version: federal_register_of_legislation:F2007L00845
Segment Type: other
Provision Reference: 
Character Range: 10505–13161

Paragraph 10 – Continued enforcement

 1.                Consistent with its law, the Government of Australia is to respect and maintain the legal nature and duration of the sentence as determined by the United States.

2.                   If, however, this sentence is by its nature or duration incompatible with the law of Australia, or its law so requires, Australia may, by a court or administrative order, adapt the sanction to the punishment or measure prescribed by its own law for a similar offense. As to its nature, the punishment or measure is to, as far as possible, correspond with that imposed by the sentence to be enforced. The punishment is not to aggravate, by its nature or duration, the sanction imposed by the United States.

Paragraph 11 – Amnesty, commutation

Either Government may grant amnesty or commutation of the sentence in accordance with its Constitution or other laws.

Paragraph 12 – Review of judgment, pardon

The Government of the United States of America alone is to have the right to decide on any application for review of the judgment or to pardon an offense.

Paragraph 13 – Termination of enforcement

The Government of Australia is to terminate enforcement of the sentence as soon as it is informed by the Government of the United States of America of any decision or measure as a result of which the sentence ceases to be enforceable.

Paragraph 14 – Information on enforcement

The Government of Australia is to provide information to the Government of the United States of America concerning the enforcement of the sentence:
         a. when the Government of Australia considers enforcement of the sentence to have been completed;
         b. if the prisoner has escaped from custody before enforcement of the sentence has been completed; or
         c.                   if the Government of the United States of America requests a special report.

Paragraph 15 – Signature and effective date

The effective date of the Arrangement will be the date of signature.

Paragraph 16 – Relationship to other Agreements and Arrangements

This Arrangement does not affect the rights and undertakings derived from extradition treaties and other treaties on international co‑operation in criminal matters providing for the transfer of prisoners for purposes of confrontation or testimony.

Paragraph 17 – Withdrawal

Either Government may withdraw at any time from this Arrangement by written notice to the other Government.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.