Document ID: chunk:federal_register_of_legislation:F1996B01250:body:0:p2
Version: federal_register_of_legislation:F1996B01250
Segment Type: other
Provision Reference: 
Character Range: 2651–5339

offence.
3. Where the offence has been committed outside the territory of the Requesting State, extradition shall be granted where the laws of the Requested State provide for the punishment of an offence committed outside its territory in similar circumstances. Where the laws of the Requested State do not so provide, the Requested State may, in its discretion, refuse extradition.
4. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is requested was committed, provided that:
    (a) it was an offence in the Requesting State at the time of the acts or omissions constituting the offence; and
    (b) the acts or omissions alleged would, if they had taken place in the territory of the Requested State at the time of the making of the request for extradition, have constituted an offence against the laws in force in that State.

SCHEDULE—continued
ARTICLE 3
TERRITORIAL APPLICATION
A reference in this Treaty to the Territory of a Contracting State is a reference to all the territory of that Contracting State.

ARTICLE 4
EXCEPTIONS TO EXTRADITION
1. Extradition shall not be granted in any of the following circumstances:
    (a) if the offence for which extradition is requested is regarded by the Requested State as a political offence. If any question arises as to whether a case is a political offence, the decision of the Requested State shall be final. The taking or attempted taking of the life of any Head of State or Head of Government or a member of his or her family or an offence against the law relating to genocide shall be deemed not to be a political offence;
    (b) if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or political belief or that that person's position may be prejudiced for any of those reasons;
    (c) if the offence for which extradition is requested constitutes an offence against military law or regulations which is not an offence under ordinary criminal law;
    (d) if final judgement has been passed in the Requested State or in a third state in respect of the offence for which the person's extradition is requested;
    (e) if the person whose extradition is requested cannot, according to the laws of either Contracting State, be prosecuted or punished by reason of lapse of time; or
    (f) if the person, has been, or on being extradited to the Requesting State would be liable to be, tried or sentenced in that State, by a court or tribunal that has been specially