4. Extradition shall be granted, subject to the provisions of this Treaty, whether the offence in relation to which extradition is sought was committed before or after this Treaty enters into force, provided that:
(a)it was an offence under the law of the requesting State at the time of the acts or omissions constituting the offence; and
(b)the acts or omissions alleged would, if they had taken place in the requested State at the time of the making of the request for extradition, have constituted an offence under the law of that State.
ARTICLE III
EXCEPTIONS TO EXTRADITION
1. Extradition shall not be granted in any of the following circumstances:
(a)if the offence for which extradition is requested is a political offence or an offence connected with a political offence. Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of his family or an offence against the law relating to genocide;
(b)if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that his position may be prejudiced for any of these reasons;
(c)if the offence for which extradition is requested is an offence under military law which is not an offence under the ordinary criminal law of the Contracting Parties;
(d)if the offence for which extradition is requested is regarded under the law of the requested State as having been committed in that State;
(e)if a prosecution in respect of the offence for which extradition is requested is pending in the requested State against the person whose extradition is sought;
(f)if final judgment has been passed in the requested State or in a third State upon the person claimed in respect of the offence for which his extradition is sought; or
(g)if the person whose extradition is sought has, according to the law of either Contracting Party, become immune from prosecution or punishment by reason of lapse of time.
2. Extradition may be refused in any of the following circumstances;
(a)if the offence for which extradition is requested is a revenue offence. For the purpose of this exception, “revenue offence” means an offence in connection with taxes, duties or exchange control but does not include an offence involving the use or threat of force, or perjury or the forging of a document issued under statutory authority or an offence alleged to have been committed by an officer of the revenue of the requesting State in his capacity as such officer;
(b)if the competent authorities of the requested State have decided either not to institute, or to terminate, proceedings against the person claimed for the offence in respect of which extradition is sought; or
(c)if the offence for which extradition is requested is punishable by death under the law of the requesting State and in respect of the offence such penalty is not provided for in the law of the requested State or is not generally carried out, unless the requesting State gives such assurance as the requested State considers sufficient that the death penalty will not be carried out.
ARTICLE IV
POSTPONEMENT OF SURRENDER
The requested State may postpone the surrender of a person in order to proceed against him or so that he may serve a sentence, for an offence other than the offence for which his extradition is sought.
ARTICLE V
EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS
1. The request for extradition shall be made in writing and shall be communicated through the diplomatic channel.
2. A request for extradition emanating from Ireland shall be supported:
(a)if the person is accused, or has been convicted in his absence, of an offence by a warrant for the arrest or a copy of the warrant for the arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the person in respect of each offence;
(b)if the person has been convicted of an offence otherwise than in his absence by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable and the extent to which the sentence has not been carried out;
(c)if the person has been convicted of an offence otherwise than in his absence but no sentence has been imposed—by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose a sentence;
(d)in all cases, by a copy of the relevant provisions of the statute, if any creating the offence or a statement of the relevant law as to the offence, including any law relating to the limitation of proceedings, as the case may be and in either case a statement of the punishment that can be imposed for the offence; and
(e)in all cases, by information or documents which will help to establish that the person whose surrender is sought is the person accused of or convicted of the offence.
3. A request for extradition emanating from Australia shall be supported by the following documents:
(a)the original or an authenticated copy of the conviction and sentence immediately enforceable or, as the case may be, of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting State;
(b)if a sentence of imprisonment has been imposed, a statement or the period of imprisonment which remains to be served;
(c)a statement of each offence for which extradition is requested specifying, as accurately as possible, the time and place of commission, its legal description and a reference to the relevant provisions of the law of the requesting State;
(d)a copy of the relevant enactments of the requesting State or where this is not possible, a statement of the relevant law; and
(e)as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.
ARTICLE VI
AUTHENTICATION OF SUPPORTING DOCUMENTS
1. All documents submitted in support of a request for extradition in accordance with Article V shall be duly authenticated. A document that supports a request for extradition shall be admitted in evidence, if duly authenticated, in any extradition proceedings in the requested State.
2. A document is duly authenticated for the purposes of this Treaty if:
(a)it purports to be signed or certified by a Judge, District Justice. Magistrate or officer of the requesting State; and
(b)it purports to be authenticated by the oath or affirmation of a witness or by being sealed with the official seal of a Minister of State of the requesting State.
ARTICLE VII
ADDITIONAL INFORMATION
1. If the requested State considers that the information furnished in support of the request for the extradition of a person is not sufficient to fulfil the requirements of its law with respect to extradition, that State may request that additional information be furnished within such time and in such manner as it specifies.
2. If the person whose extradition is requested is in custody and the additional information requested is not received within the time or in the manner specified, or is not sufficient, the person may be released from custody, but such release shall not preclude the requesting State from making a fresh request for the extradition of the person.
3. Where the person is released from custody in accordance with paragraph 2 the requested State shall notify the requesting State forthwith.
ARTICLE VIII
PROVISIONAL ARREST
1. In case of urgency, a Contracting Party may apply for the provisional arrest of a person sought. The application for provisional arrest shall be made through the diplomatic channel or between the Department of Justice in Ireland and the Attorney General’s Department of Australia, in which case the facilities of INTERPOL may be used. The application may be transmitted by post or telegraph or by any other means affording a record in writing.
2. The application shall contain:
(a)a statement of the nature of the offence and of the time and place of its commission;
(b)a description of the person whose arrest is sought;
(c)a statement of intention to request the extradition of that person;
(d)(i) in the case of an application emanating from Ireland—a statement that a warrant for the apprehension of the person has been issued and is in force; or
(ii)in the case of an application emanating from Australia—a statement that one of the documents mentioned in paragraph 3 (a) of Article V exists in respect of that person; and
(e)a statement of the punishment that can be imposed for the offence, and, where a sentence has been imposed, a statement of that sentence and, in the case of a sentence of imprisonment, the period remaining to be served.
3. On receipt of such an application the requested State shall take the necessary steps to secure the arrest of the person claimed and the requesting State shall be promptly notified of the result of its application.
4. Unless the law of the requested State otherwise provides, a person arrested upon such an application shall be set at liberty upon the expiration of eighteen days from the date of his arrest if a request for his extradition, supported by the documents specified in Article V. has not been received.
