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12(3) reflects the wording of section 17(2) of the Australian Extradition Act 1988.
Additional Information
16.
Article 13 (1)
is the same as Article 9(1) of our model. Article 13(2) is new and complements Article 13 (1).
Concurrent Requests
17.
Three main changes to Article 9(2) of our model were made at Australian request to produce Article 14.
Because "arrangements" does not include "agreements" in Australian law but refers to, for example, the Commonwealth scheme, "agreements" was added. The words "in so far as its law allows" were deleted. A new reference was made to ordinary place of residence, which the Australians regard as more important than nationality in this context. They pointed out that there are many migrants in Australia who do not have Australian citizenship or who are dual nationals. The Australians also noted that while China will not be "another state" in relation to Hong Kong, resurrender is covered by Article 19.
Representation and Costs
18.
At Australian suggestion Article 15 places a clearer obligation on the requested Party than does Article 11 of our model to arrange representation and meet costs, and provides for consultation on how exceptional expenses will be met.
Arrangements for Surrender
19.
Article 16 (1) was proposed by Australia. Article 16(2)-(4) is based on Article 12(2)-(4) of our model. Paragraph (3) omits the model's reference to thirty days from an agreed date because Australian courts would not accept a start date that was not fixed and could be, for example, 25 years in the future! Under section 26 of the Australian Extradition Act the period to be specified cannot exceed two months. circumstances envisaged in paragraph (4) proceedings connected with the request and the fugitive's admission to hospital.
Surrender of Property
Article
include
The legal
20.
17 (1) and (3) come from Article 13 of our model. Article 17(2) and (4) come from Australia's treaty with Mexico. The words "upon request" which have been added to paragraph (1) give the requested Party the necessary assistance as to the property to enable a search and seizure warrant to be sought. (See sections 13-14 of the Australian Extradition Act.) The Australians pointed out in relation to paragraph (2) that their law does not allow the removal of articles required for pending proceedings.
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