Document ID: chunk:federal_register_of_legislation:F2009C01031:body:0:p2
Version: federal_register_of_legislation:F2009C01031
Segment Type: other
Provision Reference: 
Character Range: 2627–5454

extradition country in section 5 of the Act, a country, or a colony, territory or protectorate of a country, for which the Smuggling Protocol is in force is an extradition country.

Note 1   For when the Smuggling Protocol enters into force for a State, see Article 22 of the Smuggling Protocol in Part 2 of Schedule 1.

Note 2   The countries for which the Smuggling Protocol is currently in force are listed on the United Nations website at http://www.un.org.

6 Extradition countries — Trafficking Protocol

  For the definition of extradition country in section 5 of the Act, a country, or a colony, territory or protectorate of a country, for which the Trafficking Protocol is in force is an extradition country.

Note 1   For when the Trafficking Protocol enters into force for a State, see Article 17 of the Trafficking Protocol in Part 3 of Schedule 1.

Note 2   The countries for which the Trafficking Protocol is currently in force are listed on the United Nations website at http://www.un.org.

7 Application of the Act — Convention

  The Act applies, subject to the Convention, to an extradition country mentioned in regulation 4.

8 Application of the Act — Smuggling Protocol

  The Act applies, subject to the Smuggling Protocol, to an extradition country mentioned in regulation 5.

9 Application of the Act — Trafficking Protocol

  The Act applies, subject to the Trafficking Protocol, to an extradition country mentioned in regulation 6.

Schedule 1 Convention and Protocols
(regulation 3)

Part 1 United Nations Convention against Transnational Organized Crime

Article 1

Statement of purpose

The purpose of this Convention is to promote cooperation to prevent and combat transnational organized crime more effectively.

Article 2

Use of terms

For the purposes of this Convention:

(a) "Organized criminal group" shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit;

(b) "Serious crime" shall mean conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty;

(c) "Structured group" shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure;

(d) "Property" shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets;

(e) "Proceeds of crime" shall mean any property derived from