Document ID: chunk:federal_register_of_legislation:F2006L03650:body:0:p5
Version: federal_register_of_legislation:F2006L03650
Segment Type: other
Provision Reference: 
Character Range: 9951–12583

respect of each offence for which extradition is sought;

(d) the text of the laws creating each offence;

(e) the text of the laws describing the penalty which may be imposed; and

(f) a statement as to whether there is any limitation period in respect of proceedings or punishment.

3. If the person is accused of an offence the request for extradition shall be accompanied by a warrant for the arrest of the person, or a copy thereof.

4. If the person has been convicted of an offence and a sentence has been imposed, the request for extradition shall be accompanied by:

(a) documents that provide evidence of the conviction; and

(b) documents that provide evidence of the sentence imposed and the extent to which the sentence has not been carried out.

5. If the person has been convicted of an offence and no sentence has been imposed, the request for extradition shall be accompanied by:

(a) documents that provide evidence of the conviction; and

(b) a statement confirming that a sentence is to be imposed.

6. Neither Party shall require, as a condition to extradition pursuant to this Treaty, that the other Party prove a prima facie case against the person sought.

ARTICLE 5
TRANSLATION

All documents submitted by the Requesting Party shall be translated into the language of the Requested Party, unless the Parties agree otherwise.

ARTICLE 6
ADMISSIBILITY OF DOCUMENTS

1. A document that, in accordance with Article 4, accompanies a request for extradition shall be admitted in evidence, if authenticated, in any extradition proceedings in the territory of the Requested Party.

2. For a request from Australia to Malaysia, the warrant of arrest, or the document establishing the existence of the conviction, and any deposition or statement or other evidence given on oath or affirmed before any competent authority or any certified copy of it, shall be received in evidence in any proceedings for extradition if it is authenticated:

(a) in the case of a warrant by being signed, or in the case of any other original document by being certified by a judge, magistrate, or other competent authority of Australia; or in the case of a copy by being certified to be a true copy of the original; and

(b) either by the oath of some witness or by being sealed with the official seal of the competent authority of Australia.

3. For a request from Malaysia to Australia, a document is authenticated for the purposes of this Treaty if:

(a) it purports to be signed or certified by a Judge, Magistrate or an official in or of Malaysia; and

(b) it purports to be authenticated by the public seal of a Minister of State,