Extradition (Republic of Chile) Regulations (Cth)

Statutory Rules 1995 No. 4021 __________________

Extradition (Republic of Chile) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.

Dated 12 December 1995.

BILL HAYDEN Governor-General By His Excellency's Command,

M. LAVARCH Attorney-General

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Citation

1. These Regulations may be cited as the Extradition (Republic of Chile) Regulations.

Commencement

2. These Regulations commence on 13 January 1996. Declaration of Republic of Chile as extradition country

3. The Republic of Chile is declared to be an extradition country.

Application of Act

4. The Extradition Act 1988 applies in relation to the Republic of Chile subject to the Extradition Treaty between Australia and the Republic of Chile done at Canberra on 6 October 1993 (being the treaty a copy of the English text of which is set out in the Schedule).

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SCHEDULE Regulation 4

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE REPUBLIC OF CHILE

AUSTRALIAN AND THE REPUBLIC OF CHILE, desirous of making more effective the co-operation between both countries in the suppression of crime by concluding a Treaty on Extradition;

HAVE AGREED as follows:

I Obligation to extradite

Each Contracting State agrees to extradite to the other, in accordance with the provisions of this Treaty, any person charged with, tried for, declared guilty of, or sentenced to imprisonment for, an extraditable offence.

II Extraditable offences

1. For the purposes of this Treaty, extraditable offences are offences which are, according to the laws of both Contracting States, punishable by loss of liberty with a maximum term of no less than one year. Where extradition is requested for the enforcement of a sentence of deprivation of liberty, extradition shall be granted only if a period of at least six months of such sentence remains to be served.