Document ID: chunk:federal_register_of_legislation:F2004C00101:body:0:p9
Version: federal_register_of_legislation:F2004C00101
Segment Type: other
Provision Reference: 
Character Range: 20088–22914

in the State of transit in maintaining custody.

 (5) The Party to which the person has been extradited shall reimburse the Party through whose territory such person is transported for any expenses incurred by the latter in connection with such transportation.

ARTICLE XX

 This Treaty applies to offences mentioned in Article II committed before, on or after the date on which this Treaty enters into force, provided that no extradition shall be granted for an offence committed before that date which was not an offence under the laws of both Contracting Parties at the time of its commission.

ARTICLE XXI

 (1) This Treaty is subject to ratification and the instruments of ratification shall be exchanged in Canberra as soon as possible.

 (2) This Treaty shall enter into force thirty days after the exchange of instruments of ratification.

 (3) This Treaty may be terminated by either Contracting Party giving notice of termination to the other Contracting Party at any time and the termination shall be effective six months after the date of receipt of such notice.

 (4) This Treaty shall terminate and replace, as between the Contracting Parties to the present Treaty, the Treaty on Extradition between Great Britain and the United States of 22 December, 1931, as made applicable to Australia.

 IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

 DONE at Washington this fourteenth day of May, 1974.

FOR AUSTRALIA:

        PATRICK SHAW

FOR THE UNITED STATES OF AMERICA:

        KENNETH RUSH

Schedule 2 Protocol amending the treaty on extradition between Australia and the United States of America of
May 14, 1974
(regulation 4)

Australia and The United States of America;

Desiring to make more effective the Extradition Treaty between the Contracting Parties signed at Washington May 14, 1974 (hereinafter referred to as "the Treaty");

Have agreed as follows:

ARTICLE 1

The text of Article II of the Treaty is replaced by the following:

 "(1) An offence shall be an extraditable offence if it is punishable under the laws in both Contracting Parties by deprivation of liberty of more than one year, or by a more severe penalty. However, if the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment, the executive authority of the requested State shall have authority to refuse extradition if a period of less than six months of imprisonment remains to be served.

 (2) The following offences shall be extraditable if they meet the requirements of paragraph (1): conspiring to commit, attempting to commit, aiding or abetting, counselling or procuring the commission of, or being an accessory after the fact to, any offence described in