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Statutory Rules 1989 No. 2651

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Extradition (Republic of France) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Extradition Act 1988.

Dated 28 September 1989.

BILL HAYDEN
Governor-General
By His Excellency's Command,

Michael Tate
                       Minister of State for Justice

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

Commencement
2. These Regulations commence on 23 November 1989.

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

Declaration of Republic of France as extradition country
4. The Republic of France is declared to be an extradition country.
[
(S.R. 24/89)—Cat. No. 14/20.9.1989

Application of Act
5. The Act applies in relation to the Republic of France subject to the Treaty on Extradition between the Government of the Republic of France and the Government of Australia done at Canberra on 31 August 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

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                       SCHEDULE Regulation 5

TREATY ON EXTRADITION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF FRANCÈ AND THE GOVERNMENT OF AUSTRALIA
The Government of the Republic of France and the Government of Australia,
DESIRING to make more effective the co-operation of the two States 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 1

Obligation to Extradite

1. Each Contracting Party 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.
2. The provisions of this Treaty do not affect any obligations assumed by the Contracting Parties under multilateral conventions to which both are party.

Article 2

Extraditable Offences

1. For the purposes of this Treaty, extraditable offences are offences which arc punishable under the laws of both Contracting Parties by imprisonment or other deprivation of liberty for a maximum period of at least two years or by a more severe penalty. Where a request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty, extradition shall be granted only if a penalty of at least six months or a more severe penalty has been imposed, or if a period of at least six months of such penalty remains to be served.
2. For the purpose of this Article it shall not matter whether the laws of the Contracting Parties place the