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Statutory Rules 1990 No. 1351

Extradition (Swiss Confederation)
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 18 June 1990.

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

Michael Duffy
Attorney-General

Citation
1. These Regulations may be cited as the Extradition (Swiss Confederation) Regulations.

Commencement
2. These Regulations commence on 1 January 1991.

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

Declaration of Swiss Confederation as extradition country
4. The Swiss Confederation is declared to be an extradition country.

(S.R. 214/89)—Cat. No. 14/4.6.1990

Application of Act
5. The Act applies in relation to the Swiss Confederation subject to the Treaty between Australia and Switzerland on Extradition done at Sydney on 29 July 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

SCHEDULE Regulation 5

TREATY BETWEEN AUSTRALIA AND SWITZERLAND ON EXTRADITION

Australia and the Swiss Confederation,

DESIRING to provide for more effective co-operation between the two States in the repression of crime and to facilitate the relations between the two States in the area of extradition,

HAVE AGREED as follows:

ARTICLE 1

Obligation to Extradite
Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty, any person who is wanted for prosecution, sentencing or the carrying out of a sentence or detention order in the Requesting State, for an extraditable offence.

ARTICLE 2

Extraditable Offences
1. For the purposes of this Treaty, extraditable offences are offences which are punishable under the laws of both Contracting Parties by imprisonment or other deprivation of liberty 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 or other deprivation of liberty, extradition shall be granted only if a period of at least six months imprisonment or other deprivation of liberty remains to be served.

2. To the extent permitted under the law of the Requested State, where a person is to be extradited for an extraditable offence, extradition may also be granted in respect of offences which are punishable under the laws of both Contracting Parties by imprisonment or other deprivation of liberty for a period of less than one year or by a less severe penalty.

3. For the purpose of this Article in determining whether an offence is an offence against the law of both Contracting Parties:
      (a) it shall not matter whether the laws of the