Compliance obligations fall differently on Requesting State authorities, Requested State authorities and private actors (the person sought and their counsel). The Treaty and Regulations require attention to documentary form, timing, authentication, translation, and diplomatic routing. The following checklist, drawn from the Treaty provisions, sets out practical steps and compliance tasks.
For Requesting State authorities (those seeking extradition to Australia or to Hungary):
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Use diplomatic channels for formal requests. Article 5(1) mandates transmission through the diplomatic channel; provisional arrest via INTERPOL requires a statement that the formal request will be transmitted through diplomatic channels (Article 8(2)).
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Prepare and provide the specified supporting documents (Article 5(2)):
- Arrest warrant or copy, and statement of each offence and alleged acts (Article 5(2)(a));
- If convicted in absence, a judicial document authorising apprehension plus statement of offence and acts (Article 5(2)(b));
- If convicted in presence, evidence of conviction, sentence, enforceability and remaining term (Article 5(2)(c));
- If convicted but no sentence yet imposed, evidence of conviction and a statement that sentence is intended (Article 5(2)(d));
- The text of or statement of the relevant law creating the offence and any limitation law, and the punishment that may be imposed (Article 5(2)(e));
- Accurate description and identity/nationality information (Article 5(2)(f)).
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Authenticate documents per Article 6(2): ensure signatures/certificates by judicial officers or other competent officers, and inclusion of official or public seals as required.
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Provide translations into the Requested State’s language (Article 5(4)).
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When seeking provisional arrest, include in the application the description of the person, a statement that extradition will be sought, existence of arrest-authorising documents, the potential punishment, and a concise statement of the alleged acts if requested (Article 8(2)).
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Be prepared to respond to requests for additional information promptly; Article 7(1) allows the Requested State to set a time limit and Article 7(2) permits release if additional information is not forthcoming.
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If the Requesting State’s law includes the death penalty and extradition is sought, be ready to provide assurances that the death penalty will not be imposed or carried out if that is necessary to secure extradition under Article 3(2)(c).
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For competing requests, gather and present evidence relevant to the Article 9(2) factors: seriousness, time and place, request dates, nationality, and ordinary residence.
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Budget for transport costs (Article 15(3)) and for reimbursement of any transit expenses required under Article 14(5).
For Requested State authorities (Australia or Hungary when acting as Requested State):
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Apply the Extradition Act 1988 subject to the Treaty (Regulation 4) and use the Treaty’s documentary, authentication and translation standards when assessing requests.
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Use diplomatic channels for both outgoing and incoming communications about requests and decisions (Articles 5(1), 10(1)).
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If additional information is required, specify the time for its submission and be prepared to release detained persons if the Requesting State fails to provide required material in time (Article 7(1)-(2)). Track provisional-arrest timelines: release after 60 days if the formal request and documents are not received (Article 8(4)).
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Where the Requested State has domestic law refusing extradition of nationals, determine whether domestic prosecution is permitted and, if so, advise the Requesting State when it is requested under Article 3(2)(a).
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Consider humanitarian and proportionality factors under Article 3(2)(f) in the circumstances of age, health or other personal circumstances; ensure decisions state reasons linked to the Article’s language.
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For extraterritorial offences, check domestic law permitting punishment for acts outside territorial jurisdiction; where domestic law lacks extraterritorial reach, exercise discretion consistent with Article 2(4).
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Ensure custody, surrender location and reasonable removal periods are coordinated (Article 10), and document decisions via the diplomatic channel.
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Protect third-party property rights when dealing with requests for surrender of property and ensure any returns required by domestic law can be effected (Article 11).
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Maintain clear records of "final discharge" dates, departures and returns to apply the 45-day specialty/re-surrender rules in Articles 12(3) and 13(1)(b).
For counsel and persons sought:
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Scrutinise the Requesting State’s documentation for compliance with Article 5 and Article 6 authentication requirements and question deficient translations or missing legal materials.
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Raise political-offence, persecution, military-only offence, double-jeopardy/finality, limitation, nationality and special-tribunal objections where factually relevant (Article 3(1)(a)-(f) and Article 3(2)).
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Monitor provisional-arrest timing. If arrested on a provisional application, note the 60-day period for delivery of the full request and supporting documents (Article 8(4)). Article 7 may permit release if additional information is not supplied on time.
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If extradited, be aware of the rule of speciality and the 45-day leave-or-return rules that limit prosecutions for other offences post-surrender (Article 12(1)-(3)).
Administrative and diplomatic practicalities:
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Central authorities should standardise templates and translation procedures for the documentary items listed in Article 5(2) and ensure authentication conforms with Article 6(2). They should also prepare checklists and internal deadlines to comply with 60-day and any additional timeframes requested by a Requested State.
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Budgeting must reflect the cost split in Article 15: the Requested State will meet in-country costs; the Requesting State must plan for transport and possible transit reimbursements.
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Where death-penalty concerns exist, advance diplomatic negotiation on the provision of undertakings is necessary to avoid automatic refusals under Article 3(2)(c).
Complying with the Treaty as applied under Regulation 4 therefore requires attention to diplomatic channels, documentary form and authentication, language translation, strict observance of provisional arrest deadlines, proper handling of nationality and humanitarian considerations, and financial planning for transport and transit costs. Each actor should map its domestic procedures to the Treaty provisions to avoid procedural refusal or inadvertent release.