Document ID: chunk:federal_register_of_legislation:F1996B01249:body:0:p5
Version: federal_register_of_legislation:F1996B01249
Segment Type: other
Provision Reference: 
Character Range: 10517–13307

including any provision relating to the limitation or prescription or proceedings and a statement of the penalty that can be imposed for each offence.

3. In the case of a person accused, the request for extradition shall also include a warrant or a copy of a warrant for the arrest of the person, issued by a judge or other competent authority of the Requesting State.

4. In the case of a person convicted of the offence for which extradition is requested, but who has not yet been sentenced, the request shall also contain documents evidencing the conviction and a statement affirming the intention to impose a sentence.

5. In the case where the request for extradition relates to the enforcement of a sentence, the request shall also contain documents evidencing the conviction and the sentence imposed and a statement indicating the extent to which the sentence has not been carried out.

6. In the case of a person who has been convicted in absentia, the request shall also contain a warrant for the arrest, or a copy of the warrant for the arrest, of the person together with a statement setting out the procedures available to that person to appeal against or otherwise challenge the conviction and the sentence imposed.

        Article IX
        Authentication and Legalisation of Supporting Documents

The documents which, in accordance with Article VIII, accompany a request for extradition shall be admitted in evidence in any extradition proceedings in the Requested State if:

        SCHEDULE—continued

         (a) in the case of a request made by Australia, they are certified by an officer of the Department of Foreign Affairs and Trade and legalized by a competent diplomatic or consular officer of the Republic of Venezuela in Australia;
         (b) in the case of a request by Venezuela, they purport to be signed or certified by a Judge, Magistrate or other judicial officer in or of that State and they purport to be sealed with an official or public seal of that State of a Minister or a Ministry of that State.

        Article X
        Additional Information

1. If the Requested State considers that the documentation furnished pursuant to Article VIII of this Treaty is not sufficient, that State shall notify the Requesting State as soon as possible.  The Requesting State shall correct the omissions or defects within forty-five days of the date of notification.  Upon request by the Requesting State, giving justifications therefor, the Requested State may agree to an extension of an additional thirty days.

2. If the additional information requested by the Requested State is insufficient or is not received within the time stipulated, the person sought shall be set at liberty.  Such release shall not prejudice further detention and extradition