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Extradition (Republic of Italy) Regulations

Statutory Rules 1988 No. 291 as amended

made under the

Extradition Act 1988

This compilation was prepared on 19 January 2001
taking into account amendments up to SR 1990 No. 136

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents
Page

 1 Citation [see Note 1]
 2 Interpretation
 3 Declaration of Republic of Italy as extradition country
 4 Application of Act

Schedule Treaty of extradition between Australia and the Republic of Italy

Notes

1 Citation [see Note 1]

  These Regulations may be cited as the Extradition (Republic of Italy) Regulations.

2 Interpretation

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

3 Declaration of Republic of Italy as extradition country

  The Republic of Italy is declared to be an extradition country.

4 Application of Act

  The Act applies in relation to the Republic of Italy subject to the Treaty of Extradition Between Australia and the Republic of Italy done at Milan on 26 August 1985 (being the treaty a copy of the English text of which is set out in the Schedule).
Schedule Treaty of extradition between Australia and the Republic of Italy
(regulation 4)

TREATY OF EXTRADITION
BETWEEN AUSTRALIA AND THE REPUBLIC OF ITALY

Australia and the Republic of Italy,

DESIRING to make more effective the co-operation of the two countries in the repression of crime,

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 by the requesting Party for prosecution or the imposition or enforcement of a sentence for an extraditable offence.

ARTICLE 2
EXTRADITABLE OFFENCES
1. Extraditable offences are offences which, at the time of the request for extradition, are punishable under the laws of both Contracting Parties by imprisonment or other deprivation of liberty for a 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 of such penalty remains to be served.

2. An offence shall also be an extraditable offence if it consists of an attempt to commit, or participation in the commission of, an offence described in paragraph 1 of this Article. Any type of association to commit offences described in paragraph 1 of this Article, as provided by the law of Italy, and conspiracy to commit an offence described in paragraph 1 of this Article, as provided by the law of Australia,