Document ID: chunk:federal_register_of_legislation:F2004C00142:body:0:p3
Version: federal_register_of_legislation:F2004C00142
Segment Type: other
Provision Reference: 
Character Range: 5296–7991

requested State the offence is, or if it had been committed there in similar circumstances would have been, punishable by a maximum punishment that is not less severe than imprisonment or other deprivation of liberty for a period exceeding one year.

3. Extradition shall also be granted in respect of any other offence that is, according to the laws of both Contracting Parties, one for which extradition may be granted.

ARTICLE III

1. A person shall not be extradited if —

 (a) the offence for which his extradition is requested is regarded by the requested State as an offence of a political character or as an offence connected with an offence of a political character; or

 (b) the requested State has substantial grounds for believing that the request for extradition was made for the purpose of prosecuting or punishing the person by reason of his race, religion, nationality or political opinions or that his position may be prejudiced for any of these reasons.

2. An offence against the law relating to genocide shall not be regarded as an offence of a political character or as an offence connected with an offence of a political character.

ARTICLE IV

1. Either Contracting Party may refuse to extradite its own nationals.

2. Australia may refuse to extradite an Australian protected person.

ARTICLE V

 Extradition may be refused where —

 (a) the act or omission constituting the offence for which extradition is requested is of a kind that, under the law of the requested State, constitutes an offence against military law;

 (b) the person whose extradition is requested is liable to be tried by a Court or Tribunal that is specially established for the purpose of trying his case or is only occasionally, or under exceptional circumstances, authorized to try such cases or his extradition is requested for the purpose of his serving a sentence imposed by such a Court or Tribunal;

 (c) the requested State, while also taking into account the nature of the offence and the interests of the requesting State, considers it to be incompatible with the requirements of humane treatment to surrender the person whose extradition is requested in view of his age or state of health or for any similar reason;

 (d) the person whose extradition is requested has already been proceeded against in the territory of the requested State or in a third State for the act or omission constituting the offence for which extradition is requested;

 (e) the person whose extradition is requested is exempt from prosecution or punishment by lapse of time according to the law of the requesting State or the requested State in respect of the act or omission constituting the offence for which