Document ID: chunk:federal_register_of_legislation:F1996B00572:body:0:p5
Version: federal_register_of_legislation:F1996B00572
Segment Type: other
Provision Reference: 
Character Range: 10296–12995

shall not apply to offences committed after extradition.

4. Paragraph 1(b) of this Article shall not apply if it might be construed directly or indirectly as banishment, expulsion or forced removal of a Brazilian national from Brazil.

Article 7
The request and supporting documents

1. A request for extradition shall be made in writing and shall be communicated through the diplomatic channel.

2. The request shall be accompanied by:

    (a) a statement of the acts or omissions which are alleged against the person in respect of each offence for which extradition is sought;

    (b) a statement of each offence for which extradition is  sought;

    (c) the details necessary to establish the identity and nationality of the person sought including, where possible, photographs and fingerprints;

    (d) the text of the laws creating the offence and describing the penalty which may be imposed or, if the request is made by Australia for a common law offence, by a statement of the basis of the creation of the offence and the applicable penalty; and

SCHEDULE—continued

    (e) if the request is made by Australia, the text of the laws imposing any limitation in respect of proceedings or, if the request is made by Brazil, the text of the laws relating to the extinguishment of the action or the penalty.

3. When the request relates to a person who has not been convicted, it shall also be accompanied by an original or in its absence an authenticated copy of a detention order or a warrant of arrest or by the equivalent writ of legal process, issued by the competent authority of the Requesting Party.

4. When the request relates to a person who has been convicted, it shall also be accompanied by the following documents:

    (a) if the request has been made by Australia, a certificate of conviction and a copy of the sentence, if it has been imposed; or if a sentence has not been imposed a statement of intention to impose a sentence;

    (b) if the request has been made by Brazil, a copy of the sentence that has been imposed.

When a sentence has been imposed, the Requesting Party shall provide a certificate stating that the sentence is immediately enforceable and that it has not been fully enforced and the extent to which it has not been carried out.

Article 8
Translation of the documents

The documents supporting the request for extradition shall comply with Article 9 and shall be accompanied by a translation into the language of the Requested Party.

Article 9
Authentication of supporting documents

1. A document that, in accordance with Article 8, accompanies a request for extradition shall be admitted, if authenticated, in any extradition proceedings in the