432-(54)

II SÉRIE — NÚMERO 21

sentenced only in so far as the offence under its new description is an offence for which extradition couid be granted pursuant to this Treaty.

Article 6 Re-extradiUon to a Ihird state

1 — Where a person has been surrendered to the requesting State by the requested State, the requesting State shall not extradite that person to any third state for an offence committed before that person's surrender unless:

d) The requested State consents to that reextradition; or

b) The person has had an opportunity to leave the requesting State and has not done so within 45 days of final discharge in respect of the offence for which that person was surrendered by the requested State or has returned to the requesting State after leaving it.

2 — In relation to any consent pursuant to subparagraph 1, a), of this article the requesting State may request the production of the documents mentioned in article 8, as well as any déclaration made by the extradited person in respect of the reextradition.

Article 7

Concurrent requesta

1 — If extradition is requested concurrently by a Contracting Party and by one or more other States, whether for the same or for different acts or omissions, the requested State shall determine to which of those States the person is to be extradited having regard to the circumstances, and in particular, the existence of other treaties binding on the requested State, the relative gravity of the offences and where they were committed, the respective dates of the requests, the nationality of the person and the possibility of subsequent reextradition.

Article 8

Extradition procédure and required documents

1 — A request for extradition shall be made in writing and shall be communicated through the diplomatic channel. Ali documents submitted in support of a request for extradition shall be authenticated in accordance with article 9.

2 — A request for extradition shall be accompanied by:

a) If the person is accused of an offence — the original and two copies of the warrant for the arrest of the person, a statement of each offence for which extradition is requested and a statement of the acts or omissions which are alleged against the person in respect of each offence;

b) If a person has been convicted in that person's absence of an offence — a judicial or other document or a copy thereof, authorísing the apprehension of the person, a statement of each offence for which extradition is requested, a

statement of the acts or ommissions which are alleged against the person in respect of each offence and a statement of the relevant law that ensures the right to appeal against the decision or to seek a new trial;

c) If the person has been convicted of an offence otherwise than in that person's absence — documents evidencing the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carríed out;

d) If the person has been convicted of an offence otherwise than in that person's absence, but no sentence has been imposed — documents evidencing of the conviction and a statement affirming that it is intended to impose a sentence;

e) In ali cases — a statement of the relevant law creating the offence, including any provision relating to the limitation of proceedings and a statement of the penalty that can be imposed for the offence;

J) In ali cases — a description which is as accurate as possible of the person sought together with any other information which may help to establish the person's identity and nationality; and

g) If applicable — a statement concerning acts which have prevented the person from becoming immune from prosecution or sentence by reason of lapse of time in relation to the offence for which extradition is requested, according to the law of the requesting State.

3 — A request for extradition emanating from Austrália shall provide:

a) Matter which is as precise as possible to identify the person whose extradition is requested;

b) Matter to demonstrate that the person sought is subject to the criminal jurisdiction of Austrália, or of a part thereof;

c) In the case of an offence committed in a third State, matter to dmonstrate that the third State does not claim the person sought for that offence;

d) In cases of conviction in absentia information that the person sought may appeal against the conviction or seek e new trial;

e) An assurance that the person sought will be afforded the protection provided for by articles 5 and 6 of this Treaty.

4 — To the extent permitted by the law of the requested State, extradition may be granted of a person sought pursuant to the provisions of this Treaty notwithstanding that the requirements of the preceding paragraphs of this article have not been complied with, provided that the person consents to an order for extradition being made.

Article 9 Autheoticadon of snpporting 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 requested State.