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Statutory Rules 1990 No. 1331

    Extradition (Republic of Ecuador)
    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 (Republic of Ecuador) Regulations.

Commencement
2. These Regulations commence on 1 August 1990.

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

Declaration of Republic of Ecuador as extradition country
4. The Republic of Ecuador is declared to be an extradition country.

Application of the Act
5. The Act applies in relation to the Republic of Ecuador subject to the Treaty on Extradition between Australia and the Republic of Ecuador done at Quito on 13 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

(S.R. 119/90)—Cat. No.          14/4.6.1990

                           SCHEDULE    Regulation 5

TREATY ON EXTRADITION
BETWEEN
         THE GOVERNMENT OF AUSTRALIA
         AND
         THE GOVERNMENT OF THE REPUBLIC OF ECUADOR
The Government of Australia and the Government of the Republic of Ecuador,

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 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.

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 Parties by imprisonment for a period of not less than 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 Parties:
     (a) it shall not matter whether the laws of the Contracting Parties place the acts or omissions constituting the offence within the same category of offence in their respective legal systems, or denominate the offence by the same terminology in their respective legal systems;
     (b) the totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter