Document ID: chunk:federal_register_of_legislation:F1997B01932:body:0:p3
Version: federal_register_of_legislation:F1997B01932
Segment Type: other
Provision Reference: 
Character Range: 5137–7915

the extradition request is refused solely because the person sought is a national of the Requested State, that State shall, if the Requesting State so requests and the law of the Requested State allows, submit the case to its competent authorities for criminal prosecution.
3. Extradition may also be refused:
    (a) when the competent authorities of the Requested State have decided to refrain from prosecuting the person whose surrender is sought for the offence in respect of which extradition is requested;
    (b) when the offence for which extradition is requested is a revenue offence. For the purpose of this exception, 'revenue offence' means an offence in connection with taxes, customs or other duties or exchange controls;
    (c) when final judgment has been passed in a third state in respect of the offence for which the person's surrender is sought;
    (d) when a prosecution in respect of the offence for which extradition is requested is pending in the Requested State against the person whose surrender is sought, or if the competent authorities of the Requested State have decided to discontinue a prosecution for that offence; or
    (e) if the surrender is likely to have exceptionally serious consequences for the person whose extradition is sought, particularly because of the person's age or state of health.

Article 4

Capital Punishment

When the offence for which extradition is requested is punishable by death under the law of the Requesting State, and if in respect of such offence the death-penalty is not provided for by the law of the Requested State or is not normally carried out, extradition may be refused unless the Requesting State gives such assurance as the Requested State considers sufficient that the death-penalty will not be carried out.

Article 5

Postponement of Surrender

The Requested State may postpone the surrender of a person whose extradition is sought in order to proceed against the person, or so that the person may serve a sentence for an offence other than the offence constituted by an act or omission for which extradition is requested. In this case, the Requested State shall advise the Requesting State accordingly.

SCHEDULE—continued

Article 6

Extradition Procedure and Required Documents

1. A request for extradition shall be made in writing and shall be presented through the diplomatic channel.
2. The request for extradition shall be accompanied:
    (a) if the person is accused, by the original or a certified copy of the warrant for arrest or any other instrument having the same effect issued in accordance with the procedure laid down in the law of the Requesting State;
    (b) if the person has been convicted of an offence in Australia but no sentence has been imposed, by the original or a