Commonwealth Numbered Regulations Commonwealth Numbered Regulations(paragraph 5 (b))
7 December 2005
Note from Malaysia
I have the honour to refer to the Treaty on Extradition signed today between the Government of Malaysia and the Government of Australia ("the Treaty"), and agree that the Treaty be interpreted and applied in accordance with the provisions set forth in this Note.
Article 3(2) of the Treaty requires that in cases in which a person could be subject to capital punishment in the Requesting Party but would not be subject to capital punishment in the Requested Party for the same offence under the laws of the Requested Party, no request for extradition shall be submitted without prior consultation and agreement by both Parties to make such a request. A consultation between the Parties would not constitute a consultation within the meaning of Article 18. Any agreement reached between the Parties as a result of such consultation would not be binding if there has been any non‑disclosure of relevant facts during the consultation, whether the non‑disclosure was deliberate or otherwise and whether those facts were known or unknown at the time of the consultation.
I have the further honour to propose that this Note and Your Excellency's Note in reply confirming on behalf of the Government of Australia the foregoing arrangements shall be regarded as constituting an agreement between the two Governments, which shall enter into force simultaneously with the Treaty.
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.
Note from Australia
I have the honour to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows:
"I have the honour to refer to the Treaty on Extradition signed today between the Government of Malaysia and the Government of Australia ("the Treaty"), and agree that the Treaty be interpreted and applied in accordance with the provisions set forth in this Note.
Article 3(2) of the Treaty requires that in cases in which a person could be subject to capital punishment in the Requesting Party but would not be subject to capital punishment in the Requested Party for the same offence under the laws of the Requested Party, no request for extradition shall be submitted without prior consultation and agreement by both Parties to make such a request. A consultation between the Parties would not constitute a consultation within the meaning of Article 18. Any agreement reached between the Parties as a result of such consultation would not be binding if there has been any non‑disclosure of relevant facts during the consultation, whether the non‑disclosure was deliberate or otherwise and whether those facts were known or unknown at the time of the consultation.
I have the further honour to propose that this Note and Your Excellency's Note in reply confirming on behalf of the Government of Australia the foregoing arrangements shall be regarded as constituting an agreement between the two Governments, which shall enter into force simultaneously with the Treaty."
I have the further honour to confirm on behalf of the Government of Australia that the above proposal is acceptable to the Government of Australia and that Your Excellency's Note and this Note in reply shall constitute an agreement between the two Governments, which shall enter into force simultaneously with the Treaty on Extradition.
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.