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Extradition (Uruguay) Regulations 20101

  Select Legislative Instrument 2010 No. 163

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 29 June 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 (Uruguay) Regulations 2010.

2 Commencement

  These Regulations commence on the day on which the Treaty on Extradition between Australia and the Oriental Republic of Uruguay, done at Montevideo in Uruguay on 7 October 1988, enters into force.

3 Definition

  In these Regulations:
Uruguay means the Oriental Republic of Uruguay.

4 Declaration that Uruguay is an extradition country

  Uruguay is declared to be an extradition country.

5 Application of Act

  The Extradition Act 1988 applies to Uruguay subject to the Treaty on Extradition between Australia and the Oriental Republic of Uruguay, a copy of which is set out in Schedule 1.
Schedule 1 Treaty on Extradition between Australia and the Oriental Republic of Uruguay
(regulation 5)

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE ORIENTAL REPUBLIC OF URUGUAY (Montevideo, 7 October 1988)

AUSTRALIA AND THE ORIENTAL REPUBLIC OF URUGUAY,
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 State agrees to extradite to the other, in accordance with the provisions of this Treaty, any persons who are wanted for prosecution in the courts of the Requesting State or for the imposition or enforcement of a sentence imposed by a court in the Requesting State, 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 States by deprivation of liberty for a period of not less than two years. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of deprivation of liberty, extradition shall be granted only if a period of at least six months of such penalty remains to be served.

2. For the purposes of this Article, in determining whether an offence is an offence against the law of both Contracting States:

(a) 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 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