Extradition (Republic of Hungary) Regulations (Cth)

Statutory Rules 1997 No. 601 __________________

Extradition (Republic of Hungary) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.

Dated 19 March 1997.

WILLIAM DEANE Governor-General By His Excellency's Command,

DARYL WILLIAMS Attorney-General and Minister for Justice

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Citation

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

Commencement

2. These Regulations commence on 25 April 1997.

Declaration of Republic of Hungary as an extradition country

3. The Republic of Hungary is declared to be an extradition country.

Application of Act

4. The Extradition Act 1988 applies in relation to the Republic of Hungary subject to the Treaty on Extradition between Australia and the Republic of Hungary (a copy of which is set out in the Schedule). _________________

SCHEDULE Regulation 4

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE REPUBLIC OF HUNGARY

Australia and the Republic of Hungary

DESIRING to make more effective the co-operation of the two countries in the suppresion of crime by concluding a treaty on extradition,

HAVE AGREED as follows:

ARTICLE 1

OBLIGATION TO EXTRADITE

The Contracting States undertake to extradite to each other, subject to the provisions of this Treaty, any person found in the territory of one of the Contracting States who is wanted for prosecution by a competent authority for, or has been convicted of, an extraditable offence against the law of the other Contracting State.

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 States by imprisonment 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, extradition shall be granted only if a period of at least six months of such penalty remains to be served.