Extradition (Republic of Korea) Regulations (Cth)

Statutory Rules 1990 No. 3741

Extradition (Republic of Korea) 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 29 November 1990.

BILL HAYDEN

Governor-General By His Excellency's Command,

Michael Duffy Attorney-General

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

Commencement 2. These Regulations commence on 16 January 1991.

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

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

Application of Act 5. The Act applies in relation to the Republic of Korea subject to the Treaty on Extradition between Australia and the Republic of Korea done at Seoul on 5 September 1990 (being the treaty a copy of the English text of which is set out in the Schedule).

(S.R. 366/90)—Cat. No. 14/9.11.1990

SCHEDULE Regulation 5 TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE REPUBLIC OF KOREA Australia and the Republic of Korea. 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 Party agrees to extradite to the other, in accordance with the provisions of this Treaty, any persons who are wanted for prosecution, trial or for the imposition or execution of punishment in the territory of the Requesting Party for an extraditable offence.

Article 2

Extraditable Offences 1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both Contracting Parties by deprivation of liberty for a period of at least one year or by a more severe penalty. 2. Where the request for extradition relates to a person sentenced to deprivation of liberty by a court of the Requesting Party for any extraditable offence, extradition shall be granted only if a period of at least four months of the sentence remains to be served. 3. For the purpose of this Article, in determining whether an offence is an offence against the law of both Contracting Parties: (a) 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 terminology; (b) the totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Contracting Parties, the constituent elements of the offence differ. 4. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter, extradition may not be refused on the ground that the law of the Requested Party 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 Party. 5. Where the offence has been committed outside the territory of the Requesting Party extradition shall be granted where the law of the Requested Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested Party does not so provide the Requested Party may, in its discretion, grant extradition. 6. Extradition may be granted pursuant to the provisions of this Treaty in respect of an offence provided that: (a) it was an offence in the Requesting Party 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