Extradition (Republic of the Philippines) Regulations (Cth)

Statutory Rules 1990 No. 4701

Extradition (Republic of the Philippines) Regulations

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 17 December 1990.

BILL HAYDEN

Governor-General By His Excellency's Command.

Attorney-General

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

Commencement 2. These Regulations commence on 18 January 1991.

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

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

(S.R. 41/89)—Cat. No. 14/7.12.1990

Application of the Act 5. The Act applies in relation to the Republic of the Philippines subject to the Treaty on Extradition Between Australia and the Republic of the Philippines done at Manila on 7 March 1988 (being the treaty a copy of which is set out in the Schedule).

SCHEDULE Regulation 5 TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE REPUBLIC OF THE PHILIPPINES Australia and the Republic of the Philippines DESIRING to make more effective the co-operation of the two countries in the suppression of crime by concluding a treaty on extradition, 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, 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 which are punishable under the laws of both Contracting States by imprisonment for a period of at least one (1) 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, extradition shall be granted only if a period of at least six (6) months imprisonment remains to be served. 2. For the purpose of this Article: (a) an offence shall be an extraditable offence whether or not the laws of the Contracting States place the offence within the same category or denominate the offence by different terminology; (b) the totality of the acts or omissions alleged against the person whose extradition is requested shall be taken into account in determining the constituent elements of the offence. 3. Where the offence has been committed outside the territory of the Requesting State, extradition shall be granted where the laws of the Requested State provide for the punishment of an offence committed outside its territory in similar circumstances. Where the laws of the Requested State do not so provide, the Requested State may, in its discretion, refuse extradition. 4. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is requested 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 laws in force in that State.