Extradition (Sweden) Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 1081

Extradition (Sweden) Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Extradition Act 1988.

Dated 31 May 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

 

Commencement

1. These Regulations commence on 10 June 1989.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Extradition (Sweden) Regulations.

Application of Act

3. Regulation 4 of the Principal Regulations is amended by omitting all the words after “as amended” and substituting “by:

(a) the Protocol between Australia and Sweden amending that Treaty that came into force on 6 October 1985 (being the protocol a copy of the English text of which is set out in Schedule 2); and

(b) the Protocol between Australia and Sweden amending that Treaty done at Canberra on 11 May 1989 (being the protocol a copy of the English text of which is set out in Schedule 3).”.

(S.R. 112/89)—Cat. No. 14/12.5.1989

Schedule 3

4. The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 3 Regulation 4

PROTOCOL BETWEEN AUSTRALIA AND SWEDEN FURTHER AMENDING THE TREATY CONCERNING EXTRADITION DONE AT STOCKHOLM ON 20 MARCH 1973

Australia and Sweden, desiring to further amend the Treaty between Australia and Sweden concerning Extradition, done at Stockholm on 20 March 1973 and amended by Protocol done at Stockholm on 6 September 1985, have agreed as follows:

Article 1

The text of Article V of the Treaty shall be replaced by the following:

“Extradition may be refused where—

(a) the act or omission constituting the offence for which extradition is requested is of a kind that under the law of the Requested State, constitutes an offence against military law;

(b) the person whose extradition is requested is liable to be tried by a Court or Tribunal that is specially established for the purpose of trying his case or is only occasionally, or under exceptional circumstances, authorized to try such cases or his extradition is requested for the purpose of his serving a sentence imposed by such a Court or Tribunal;

(c) the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers it to be incompatible with the requirements of humane treatment to surrender the person whose extradition is requested in view of his age or state of health or for any similar reason;

(d) the person whose extradition is requested has already been proceeded against in the territory of the Requested State or in a third State for the act or omission constituting the offence for which extradition is requested;

(e) the person whose extradition is requested is exempt from prosecution or punishment by lapse of time according to the law of the Requesting State or the Requested State in respect of the act or omission constituting the offence for which extradition is requested; or

(f) in the case of a person convicted of an offence—

(i) the sentence imposed in the territory of the Requesting State for the offence for which extradition is requested was less severe than a sentence of imprisonment or any other form of deprivation of liberty for a period of four months: or

(ii) the conviction is regarded by the Requested State as being unjustified.”

Article 2

The text of Article IX of the Treaty shall be replaced by the following:

“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 as it specifies.

2. If the person whose extradition is requested is under arrest and the additional information furnished is not sufficient or is not received within the time specified, the person may be released from custody.

3. Where a person is released from custody in accordance with paragraph 2 of this Article, the Requested State shall notify the Requesting State accordingly.”

SCHEDULE 3—continued

Article 3

1. This Protocol shall enter into force 30 days after the date of signature.

2. This Protocol shall remain in force so long as the Treaty remains in force.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

DONE in duplicate at Canberra on the eleventh day of May 1989 in the English and Swedish languages, both texts being equally authentic.

FOR AUSTRALIA FOR SWEDEN

Lionel Bowen Hans Björk

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 June 1989.

2. Statutory Rules 1988 No. 297.

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