Extradition (Hellenic Republic) Regulations (Cth)

Statutory Rules 1991 No. 941

Extradition (Hellenic Republic) Regulations

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988. Dated 16 May 1991. W. B. CAMPBELL Administrator By His Excellency's Command, MICHAEL DUFFY Attorney-General

Citation 1. These Regulations may be cited as the Extradition (Hellenic Republic) Regulations.

Commencement 2. These Regulations commence on 5 July 1991.

Interpretation 3. In these Regulations, unless the contrary intention appears: "the Act" means the Extradition Act 1988.

Declaration of Hellenic Republic as extradition country 4. The Hellenic Republic is declared to be an extradition country.

Application of Act 5. The Act applies in relation to the Hellenic Republic subject to the Treaty on Extradition between Australia and the Hellenic Republic done at Athens on 13 April 1987 (being the treaty a copy of the English text of which is set out in the Schedule).

SCHEDULE Regulation 5

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE HELLENIC REPUBLIC

Australia and the Hellenic Republic, DESIRING to make more effective the co-operation of the two countries in the suppression of crime by concluding a treaty for the extradition of persons wanted for prosecution or the imposition or enforcement of a sentence, HAVE AGREED as follows: ARTICLE 1 OBLIGATION TO EXTRADITE Each Contracting State agrees to extradite to the other, in accordance with the provisions of this Treaty, any persons who are wanted for prosecution or the imposition or enforcement of a sentence in the requesting State for an extraditable offence. ARTICLE 2 EXTRADITABLE OFFENCES 1. For the purposes of this Treaty, extraditable offences are offences, however described, punishable under the laws of both Contracting States by deprivation of liberty for a maximum period of at least 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 period of at least four months of such penalty remains to be served. 2. For the purpose of this Article in determining whether an offence is an offence against the laws of both Contracting States: (a) it shall not matter whether the laws of the Contracting States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology; (b) the totality of the acts or omissions alleged against the person whose extradition is requested shall be taken into account and it shall not matter whether, under the laws of the Contracting States, the constituent elements of the offence differ. 3. Where extradition of a person is requested for an offence against a law relating to taxation, customs duties, foreign exchange controls or other revenue matter, extradition may not be refused on the ground that the laws of the requested State do not impose the same kind of tax or duty or do not contain a tax, duty, customs