Extradition (Spain) Regulations (Cth)

Statutory Rules 1988 No. 2961

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Extradition (Spain) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Extradition Act 1988.

Dated 24 November 1988.

N. M. STEPHEN Governor-General By His Excellency's Command,

Lionel Bowen Attorney-General

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

Interpretation 2. In these Regulations, unless the contrary intention appears: "the Act" means the Extradition Act 1988.

Declaration of Spain as extradition country 3. Spain is declared to be an extradition country.

Application of Act 4. The Act applies in relation to Spain subject to the Treaty on Extradition between Australia and Spain that came into force on 5 May 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

(S.R. 348/88)—Cat. No. 14/14.11.1988

SCHEDULE Regulation 4

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND SPAIN

Australia and Spain, 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 charged with or convicted of offences, HAVE AGREED as follows:

Article I

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 II

EXTRADITABLE OFFENCES

1. For the purpose of this Treaty, extraditable offences are offences however described which are punishable under the laws of both Contracting States (both at the time of the commission of the offence as well as at the time of the extradition request) by imprisonment, detention order or other 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, detention order or other deprivation of liberty, extradition shall be granted only if a period of at least six months of the penalty remains to be served. 2. For the purpose of this Article 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 or similar terminology. 3. For the purpose of this Article in determining whether an offence is an offence against the law of both Contracting States, the totality of the acts or omissions alleged against the person whose extradition is requested shall be taken into account without reference to the elements of the offence prescribed by the law of the requesting State. 4. Where the offence has been committed outside the territory of the requesting State extradition shall be granted where the law of the requested State provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the requested State does not so provide the requested State may, in its discretion, grant extradition. 5. Extradition shall be granted for fiscal offences. 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.