Document ID: chunk:federal_register_of_legislation:F1999B00194:body:0:p4
Version: federal_register_of_legislation:F1999B00194
Segment Type: other
Provision Reference: 
Character Range: 7817–10612

original or an authenticated copy of the conviction, sentence immediately enforceable, warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the Requesting Party. Where a sentence has been imposed, there shall be a statement of the extent to which the sentence has not been carried out, or, where a sentence has not been imposed, there shall be a statement affirming that it is intended to impose a sentence;

        (b) a statement of the offences for which extradition is requested.  The time, place and particulars of the conduct alleged to constitute the offence and their legal descriptions shall be set out; and

        (c) the text of the relevant enactments or, where this is not possible, a statement of the relevant law including any law relating to the limitation of proceedings and as accurate a description as possible of the person claimed, together with any other information which will help to establish his or her identity and nationality.

3. The request for extradition and documents submitted in its support shall be accompanied by a certified translation into the language of the Requested Party.

Article 5
Authentication of supporting documents

1. Documents that, in accordance with Article 4, accompany a request for extradition shall be admitted in evidence, if authenticated, in any extradition proceedings in the territory of the Requested Party.

2. A document is authenticated for the purposes of this Treaty if:

        (a) it is signed or certified by a Judge, Public Prosecutor, Magistrate or a competent officer of the Requesting Party; and

        (b) it is sealed with an official seal of the Requesting  Party.  In the case of the Republic of Poland an official seal means the seal of the Minister of Justice.  In the case of Australia an official seal means the seal of a Minister of State.

         Article 6
         Additional information

1. If the Requested Party considers that the information furnished in support of a request for extradition is not sufficient in accordance with this Treaty to enable extradition to be granted, that Party may request that additional information be furnished within such time as it specifies.

2. If the person whose extradition is sought is under arrest and the additional information furnished is not sufficient in accordance with this Treaty or is not received within the time specified, the person may be released from custody.  Such release shall not preclude the Requesting Party from making a fresh request for the extradition of the person.

3. Where the person is released from custody in accordance with paragraph 2, the Requested Party shall notify the Requesting Party as soon as practicable.

Article 7
Provisional arrest

1.