Document ID: chunk:federal_register_of_legislation:F2001B00110:body:0:p3
Version: federal_register_of_legislation:F2001B00110
Segment Type: other
Provision Reference: 
Character Range: 5158–7851

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) if the offence for which extradition is sought is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting States;
       (d) if the final judgement has been passed in the Requested State or in a third state in respect of the offence for which the person's extradition is sought;
       (e) if a person whose extradition is sought has, according to the law of either Contracting State, become immune from prosecution or punishment by reason of lapse of time; or
       (f) if the person, on being extradited to the Requesting State, would be liable to be tried or sentenced in that State by a court or tribunal:
           (i) that has been specially established for the purpose of trying the person's case; or
           (ii) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence for which extradition is sought.

2. Extradition may be refused in any of the following circumstances:
       (a) if the person whose extradition is sought is a national of the Requested State.  Where the Requested State refuses to extradite a national of that State it shall, if the other State so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be taken;
       (b) if the competent authorities of the Requested State have decided to refrain from prosecuting the person for the offence in respect of which extradition is sought;
       (c) if the offence with which the person sought is accused or convicted, or any other offence for which that  person may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the Requesting State unless that State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;
       (d) if the offence for which extradition is sought is regarded under the law of the Requested State as having been committed in whole or in part within that State;
       (e) if a prosecution in respect of the offence for which extradition is sought is pending in the Requested State against the person whose extradition is sought;
       (f) if the offence for which extradition is sought is an offence which carries a punishment of the kind referred to in Article 7 of