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Statutory Rules 1988 No. 288

Extradition (Kingdom of Belgium)
Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Extradition Act 1988.

Dated 24 November 1988

                                             N. M. STEPHEN
                                             Governor-General

By His Excellency's Command,

Lionel Bowen
Attorney-General

Citation
1. These Regulations may be cited as the Extradition (Kingdom of Belgium) Regulations.

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

Declaration of Kingdom of Belgium as extradition country
3. The Kingdom of Belgium is declared to be an extradition country.

Application of Act
4. The Act applies in relation to the Kingdom of Belgium subject to the Treaty on Extradition between Australia and the Kingdom of Belgium that

(S.R. 317/88)—Cat. No.  14/16.11.1988

came into force on 19 November 1986 (being the treaty a copy of the English text of which is set out in the Schedule).

SCHEDULE Regulation 4

TREATY ON EXTRADITION
BETWEEN
AUSTRALIA
AND
THE KINGDOM OF BELGIUM
AUSTRALIA
and
THE KINGDOM OF BELGIUM.

Desiring to make more effective the co-operation of the two countries 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
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 which are punishable under the laws of both Contracting Parties 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 penalty of at least one year has been imposed and if a period of at least three 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 acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology.

3. In determining whether an offence is an offence for which extradition may be granted, 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