Extradition (Sweden) Regulations (Amendment) (Cth)
Statutory Rules 1985
N o. 349 1
Extradition (Sweden) Regulations 2
(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 |
Dated 19 December 1985.
N. M. STEPHEN Governor-General
By His Excellency's Command,
LIONEL BOWEN Attorney-General
2. Regulation 3 of the Principal Regulations is amended—
(a)
by omitting from paragraph (a) "the Schedule" and substituting
"Schedule 1"; and
(b)
by adding at the end of paragraph (a) the following words "as
amended by the Protocol between Australia and Sweden that came into force on 7 October 1985 (being the Protocol a copy of the English text of which is set out in Schedule 2)".
Extradition
(Sweden)
1985 No. 349 1319
New Schedule
4. The Principal Regulations are amended by adding at the end thereof the following Schedule:
"SCHEDULE 2 Regulation 2
PROTOCOL BETWEEN AUSTRALIA AND SWEDEN AMENDING THE TREATY CONCERNING EXTRADITION DONE AT STOCKHOLM ON
20 MARCH 1973
Australia and Sweden, desiring to amend the Treaty between Australia and Sweden concerning Extradition, done at Stockholm on 20 March 1973, have agreed as follows:
Article 1 The text of Article II of the Treaty shall be replaced by the following:
" 1. Subject to the provisions of this Article extradition shall be granted only in respect
of offences however described which are punishable under the laws of both Contracting Parties by imprisonment or other deprivation of liberty for a period of more than one year or by a more severe penalty. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty, extradition shall be granted only if a penalty of at least four months of such penalty remains to be served.
"2. Subject to the conditions set forth in paragraph 1 of this Article, extradition shall
also be granted for the offences of:
(a) | aiding, abetting, counselling or procuring the commission of, being an accessory before or after the fact to, or attempting or conspiring to commit, an offence described in paragraph 1; and |
(b) | impeding the apprehension or prosecution of a person charged with an offence described in paragraph 1. |
"3. For the purpose of this Article it shall not matter whether the laws of the
Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology.
"4. Where extradition of a person is sought for an offence against a law relating to taxation, custom duties, foreign exchange control or any other revenue matter extradition may not be refused on the ground that the law of the Requested State does not impose the same kind of tax or duty or does not contain a tax, duty, customs or exchange
regulation of the same kind as the law of the Requesting State.
"5. For the purpose of this Article in determining whether an offence is an offence
against the law of both Contracting Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the Requesting State. "6. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was committed, provided that:
(a) | it was an offence in 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 territory of the Requested State at the time of the making of the request for extradition, have constituted an offence against the law in force in that State. |
"7. When a person has been convicted in his absence of an extraditable offence, then, for the purposes of this Treaty, the person shall be deemed not to have been convicted of that offence but shall be deemed to be accused of that offence."
1320 | ||||
The text of Article VII of the Treaty shall be replaced by the following:
" 1. A request for extradition shall be made in writing. All documents furnished in support of a request for extradition shall be duly authenticated.
"2. The request for extradition shall be accompanied:
(a) | if the person is accused of an offence—by a warrant for the arrest or a copy of the warrant for 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 fugitive in respect of each offence; |
(b) | if the person has been convicted of an offence—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 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 documents setting out the relevant provision 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 documentation as to the nationality and residence of the person and that establishes that the person whose surrender is sought is the person accused or convicted of the extraditable offence. |
" 3. To the extent permitted by the law of each Contracting Party extradition may be granted of a person sought pursuant to the provisions of this Treaty notwithstanding that the requirements of paragraph 2 of this Article have not been complied with provided that the person sought consents to an order for his extradition being made."
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 Stockholm on the sixth day of September One thousand nine hundred and eighty-five in the English and Swedish languages, both texts being equally authentic.
For Australia: LIONEL BOWEN |
For Sweden: STEN WICKBOM".
NOTES
1. Notified in the
2. Statutory Rules 1974 No. 27 as amended to date. For previous amendments see Note
0
0
0