Document ID: chunk:federal_register_of_legislation:F1997B01987:body:0:p4
Version: federal_register_of_legislation:F1997B01987
Segment Type: other
Provision Reference: 
Character Range: 7914–10547

prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.
2. The offences of genocide, attempted genocide, or conspiracy or direct and public incitement to commit genocide shall not be regarded as offences of a political character for the purposes of this Treaty.
3. An amnesty law of the requested State shall not preclude the extradition of a person if the act or omission constituting the offence for which his extradition is requested is not subject to the jurisdiction of that State.

ARTICLE VI

If a request for extradition is made under this Treaty for a person who at the time of the request is under the age of eighteen years and is considered by the requested State to be one of its residents, the requested State may recommend to the requesting State that the request for extradition be withdrawn, specifying the reasons therefor.

ARTICLE VII

If under the law of the requesting State, a person whose extradition is requested is liable to the death penalty for an offence for which his extradition is requested but the law of the requested State does not provide for the death penalty in a similar case, extradition of the person shall be refused unless the requesting State provides such assurances as the requested State considers sufficient that the death penalty will not be imposed or if imposed, will not be carried out.

ARTICLE VIII

1. Either Contracting Party may refuse to extradite a national of that Party.
2. For the purposes of this Article, the expression "national", in relation to Australia, includes an Australian protected person.
3. The nationality of a person shall be determined as at the time of the making of the request for extradition.

ARTICLE IX

1. If a person whose extradition is requested is held in custody, has been admitted to bail or is otherwise under trial in the territory of the requested State in respect of an offence that is alleged to have been committed in the territory of that State, or is serving a sentence in that State, his extradition may be deferred until he has been discharged from custody, the recognizances upon which he was admitted to bail have been discharged or he has completed his sentence or so much of his sentence as he is required to serve, as the case may be.

SCHEDULE––continued

2. If a person whose extradition is requested is confined in an institution by reason of mental illness under the order of a court or other competent authority of the requested State his extradition may be deferred until the order has ceased to have effect.

ARTICLE X

1.