Document ID: chunk:federal_register_of_legislation:F2013L01473:schedule:1:p8
Version: federal_register_of_legislation:F2013L01473
Segment Type: schedule
Provision Reference: sch 1 (pt 8/9)
Character Range: 19592–22350

sentence in the territory of the Requesting Party for any offence committed before his or her extradition other than:

a)                   an offence for which extradition was granted;

b)                   any other extraditable offence provable on the same facts and punishable by the same or lesser penalty as the offence for which extradition was granted; or

c)                   any other extraditable offence in respect of which the Requested Party consents. A request for consent shall be accompanied by such of the documents mentioned in Article 6 as are sought by the Requested Party, as well as a record of any statement made by the extradited person in relation to the offence.

 2. Paragraph 1 of this Article does not apply if:

a)                   the person has had an opportunity to leave the territory of the Requesting Party and has not done so within forty‑five days of final discharge in respect of the offence for which the person was extradited; or

b)                   the person has voluntarily returned to the territory of the Requesting Party after leaving it.

ARTICLE 17
SURRENDER TO A THIRD STATE

 Where a person has been extradited to the Requesting Party by the Requested Party, the first‑mentioned Party shall not extradite that person to any third State for an offence committed before that person's extradition unless:

a)                   the Requested Party consents to the extradition―a request for consent shall be accompanied by such of the documents mentioned in Article 6 as are sought by the Requested Party;

b)                   the person has had an opportunity to leave the territory of the Requesting Party and has not done so within forty‑five days of final discharge in respect of the offence for which the person was extradited; or

c)                   the person has voluntarily returned to the territory of the Requesting Party after leaving it.

ARTICLE 18
TRANSIT

 1. Where a person is to be extradited to a Party from a third State through the territory of the other Party, the Party to which the person is to be extradited shall request the other Party to permit the transit of that person through its territory.

 2. Permission for transit shall not be required when air transport is to be used and no landing is scheduled in the territory of the Party of transit. If an unscheduled landing occurs in the territory of that Party, it may require that other Party to furnish a request for transit as provided for in paragraph 1 of this Article.

 3. Upon receipt of a request for permission for transit, the Requested Party shall grant permission unless there are reasonable grounds for refusing to do so.

 4. Permission for the transit of a person shall, subject to the law of the Requested