Document ID: chunk:federal_register_of_legislation:F1997B01931:body:0:p3
Version: federal_register_of_legislation:F1997B01931
Segment Type: other
Provision Reference: 
Character Range: 5281–8094

offence against the law relating to bankruptcy or insolvency.
    24. Maliciously or wilfully damaging property.
    25. Any act done with intent to endanger the safety of persons travelling on a railway or on a vehicle, vessel or aircraft or to endanger a railway, vehicle, vessel or aircraft.
    26. An offence against the law relating to dangerous drugs or narcotics.
    27. Piracy.
    28. An unlawful act against the authority of the master of a ship.
    29. The unlawful seizure, or the unlawful exercise of control, of an aircraft, by force or threat thereof or by any other form of intimidation.
    30. Aiding, abetting, counselling or procuring the commission of, being an accessory before or after the fact to, or attempting or conspiring to commit, an offence described in this paragraph.
(5) Extradition shall also be granted for any other act or omission constituting an offence if the offence is, according to the laws of both Contracting Parties, one for which extradition can be granted.

ARTICLE 4

(1) A person shall not be extradited where—
    (a) he has already been tried, and discharged or acquitted, by a competent tribunal in, or has already undergone punishment according to the law of, the requested

SCHEDULE 1—continued

    State or a third State for the act or omission constituting the offence for which his extradition is requested:
    (b) he has acquired exemption from prosecution or punishment by lapse of time or other lawful cause according to the law of the requesting or requested State in respect of the act or omission constituting the offence for which his extradition is requested;
    (c) the offence for which his extradition is requested is regarded by the requested State as an offence of a political character:
    (d) the requested State has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality or political opinions or that the person might, if surrendered, be prejudiced in the criminal proceedings against him, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions; or
    (e) the offence for which extradition is requested is solely an offence against military law or a fiscal offence.
(2) The extradition of a person shall be refused if the person is under examination, or is being tried, in the territory of the requested State for the act or omission constituting the offence for which his extradition is requested.

ARTICLE 5

(1) Neither Contracting Party shall be obliged to extradite its own nationals.
(2) For the purposes of this Article, the expression 'national', in relation to Australia, includes an Australian protected person.

ARTICLE