Document ID: chunk:federal_register_of_legislation:F1996B00826:body:0:p2
Version: federal_register_of_legislation:F1996B00826
Segment Type: other
Provision Reference: 
Character Range: 2617–5360

it shall not matter whether the laws of both States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology.

3. In determining whether an offence is an offence against the laws of both States, the totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether under the laws of both States the constituent elements of the offence differ.

4. Where the offence has been committed outside the territory of the requesting State extradition shall be granted where the law of the requested State provides for the punishment of the same offence committed outside its territory.
SCHEDULE—continued
5. The provisions of this Treaty shall also apply to offences committed before its entry into force provided that:

   a) they were punishable in the requesting State at the time that the acts and omissions which constituted them were committed; and
   b) that such acts and omissions would constitute an offence under the law of the requested State if they were committed in the territory of that State at the time when the request for extradition is made.

Article 3
Extradition of nationals
1. The Principality of Monaco shall not surrender its nationals; Australia may, in its discretion, decline to surrender Australian nationals.

2. Subject to being able to exercise jurisdiction, the Government of the requested State shall, where surrender is refused pursuant to paragraph 1, at the request of the government of the requesting State, submit the case to its competent authorities to permit the question of prosecution to be considered.

3. In such a case, all relevant information and evidence shall be transmitted, free of charge, to the government of the requested State and that government shall advise the government of the requesting State of the decision taken on the request.

Article 4
Exceptions to the obligation to extradite
1. Extradition shall not be granted in any of the following circumstances:

   a) when the offence for which extradition is requested is regarded by the government of the requested State as being a political offence. Reference to a political offence shall not include the taking or attempted taking of the life of a head of State or of a member of his or her family;
   b) when 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 opinion or that that person's position may be prejudiced for any of those reasons;
   c) when the offence