Document ID: chunk:federal_register_of_legislation:F2004C00101:body:0:p3
Version: federal_register_of_legislation:F2004C00101
Segment Type: other
Provision Reference: 
Character Range: 5284–8069

or after the fact to, or attempting or conspiring to commit, any of the offences mentioned in the preceding paragraphs of this Article.

 (5) If extradition is requested for any offence mentioned in a preceding paragraph of this Article and that offence is punishable under the laws of both Contracting Parties by a term of imprisonment exceeding one year or by death, that offence shall be extraditable under the provisions of this Treaty whether or not the laws of both Contracting Parties would place that offence within the same category of offences made extraditable by that preceding paragraph of this Article and whether or not the laws of the requested State denominate the offence by the same terminology.

ARTICLE III

 (1) For the purposes of this Treaty, the territory of a Contracting Party means all the territory under the jurisdiction of that Contracting Party, including airspace and territorial waters, and also includes—

   (a) any vessel registered in any territory under the jurisdiction of that Contracting Party; and

   (b) any aircraft registered in any such territory provided that the aircraft is in flight when the relevant offence is committed.

 (2) For the purposes of this Treaty—

   (a) the territory under the jurisdiction of a Contracting Party includes the Territories for the international relations of which that Contracting Party is responsible;

   (b) an aircraft shall be considered in flight from the moment when the power is applied for the purpose of take-off until the moment when the landing run ends.

ARTICLE IV

 When the offence for which extradition has been requested has been committed outside the territory of the requesting State—

   (a) if the United States of America is the requested State—the executive authority of the United States of America; or

   (b) if Australia is the requested State—the Attorney-General of Australia,

 shall have the power to grant the extradition if the laws of the requested State provide for jurisdiction over such an offence committed in similar circumstances.

ARTICLE V

 (1) Neither of the Contracting Parties shall be bound to deliver up its own nationals under this Treaty but the executive authority of each Contracting Party shall have the power to deliver them up if, in its discretion, it considers that it is proper to do so.

 (2) For the purposes of this Article—

   (a) a reference to the executive authority of a Contracting Party shall, in the case of Australia, be construed as a reference to the Attorney-General of Australia;

   (b) Australian protected persons shall be deemed to be nationals of Australia; and

   (c) the nationality of a person shall be determined to be that which he held at the time when he was charged with the offence for which his extradition