Extradition (Finland) Regulations (Cth)

Statutory Rules 1988 No. 2891

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Extradition (Finland) 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 (Finland) Regulations.

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

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

Application of Act 4. The Act applies in relation to Finland subject to the Treaty between Australia and Finland concerning Extradition that came into force on 23 June 1985 (being the treaty a copy of the English text of which is set out in Schedule 1) as amended by the Protocol between Australia and Finland amending that Treaty that came into force on 14 February 1986 (being the protocol a copy of the English text of which is set out in Schedule 2). [[ (S.R. 318/88)—Cat. No. 14/17.11.1988

SCHEDULE 1 Regulation 4

TREATY BETWEEN AUSTRALIA AND FINLAND CONCERNING EXTRADITION Australia and Finland, DESIRING to make a new treaty for the reciprocal extradition of persons charged with or convicted of offences. HAVE AGREED as follows: Article 1 1. Each Contracting Party undertakes to extradite to the other Contracting Party, subject to the provisions of this Treaty, any person found in its territory who is charged by a competent authority with, or has been convicted of an offence against the law of the other Contracting Party, whether committed within the territory of that Party or outside that territory in the circumstances referred to in paragraph 3. 2. Extradition may be refused for an offence committed within the territory of the requested State, but if the offence has been committed within that territory by an officer or employee of the requesting State who is a national of the requesting State, the requested State shall, subject to its law, extradite the person sought unless it considers it proper not to do so in which event it shall submit the case to its competent authorities for the purpose of prosecution. 3. Extradition shall be granted in respect of an offence committed outside the territory of the requesting State only where the law of the requested State provides for the punishment of an offence committed outside its territory in similar circumstances.