Extradition (India) Regulations 2010 (Cth)

Extradition (India) Regulations 20101

Select Legislative Instrument 2010 No. 196

I, QUENTIN BRYCE, 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 8 July 2010

QUENTIN BRYCE Governor-General By Her Excellency's Command

BRENDAN O'CONNOR Minister for Home Affairs

1 Name of Regulations

These Regulations are the Extradition (India) Regulations 2010.

2 Commencement

These Regulations commence on the day on which the Extradition Treaty between Australia and the Republic of India, done at Canberra in Australia on 23 June 2008, enters into force.

3 Definition

In these Regulations: Act means the Extradition Act 1988. India means the Republic of India.

4 Declaration of India as an extradition country

For the definition of extradition country in section 5 of the Act, India is declared to be an extradition country.

5 Application of Act

For paragraph 11 (1) (a) of the Act, the Act applies to India subject to the Extradition Treaty between Australia and the Republic of India, done at Canberra in Australia on 23 June 2008, a copy which is set out in Schedule 1.

Schedule 1 Extradition Treaty between Australia and the Republic of India, done at Canberra in Australia on 23 June 2008 (regulation 5)

EXTRADITION TREATY BETWEEN AUSTRALIA AND THE REPUBLIC OF INDIA

Australia and the Republic of India (hereinafter referred to as the 'Contracting States')

DESIRING to make more effective the co-operation of the two countries in the suppression of crime, including offences related to terrorism, 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, any persons who are wanted for trial, or the imposition or enforcement of a sentence, in the Requesting State for an extraditable offence.