Document ID: chunk:federal_register_of_legislation:F1997B01926:body:0:p6
Version: federal_register_of_legislation:F1997B01926
Segment Type: other
Provision Reference: 
Character Range: 12643–15326

each offence;
      (c) the respective dates of the requests;
      (d) the nationality of the person; and
      (e) the ordinary place of residence of the person.

ARTICLE 10

Surrender of person to be extradited

1. Australia shall not be required to make a decision on a request for extradition before the expiration of fifteen days from the date on which the person has been held judicially to be liable to extradition or if appeal proceedings have been brought, before the expiration of fifteen days from the decision of the court which hears the appeal, or, where a further appeal has been brought from that decision to another court, the date of the decision of the other court.

2. The Requested State shall as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting State through the diplomatic

SCHEDULE—continued

channel. Reasons shall be given for any complete or partial rejection of an extradition request.

3. Where extradition of a person for an offence is granted, the person shall be removed from the territory of the Requested State from a point of departure in the territory of that State convenient to the Requesting State.

4. The Requesting State shall remove the person from the territory of the Requested State within such reasonable period as the last-mentioned State specifies and, if the person is not removed within that period, the Requested State may refuse to extradite him for the same offence.

5. If circumstances beyond its control prevent a Party from surrendering or removing the person to be extradited it shall notify the other Party. The two Contracting Parties shall agree upon a new date of surrender and the provisions of paragraph 4 of this Article shall apply.

ARTICLE 11

Surrender of property

1. To the extent permitted under the law of the Requested State and subject to the rights of third parties, which shall be duly respected, all property found in the Requested State that has been acquired as a result of the offence or may be required as evidence shall, if the Requesting State so requests, be surrendered if extradition is granted.

2. Subject to the qualifications of paragraph 1 of this Article, the abovementioned property shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition cannot be carried out owing to the death or escape of the person sought.

3. Where the law of the Requested State or the rights of third parties so require, any articles so surrendered shall be returned to the Requested State free of charge if that State so requests.

ARTICLE 12

Rule of speciality

1. Subject to paragraph 3, a person