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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.

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.

2. For the purpose 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