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Statutory Rules 1995   No. 4021
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Extradition (Republic of Chile) Regulations

I, The 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 12 December 1995.

 BILL HAYDEN
 Governor-General
By His Excellency's Command,

M. LAVARCH
Attorney-General

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Citation

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

Commencement

 2. These Regulations commence on 13 January 1996.
Declaration of Republic of Chile as extradition country

 3. The Republic of Chile is declared to be an extradition country.

Application of Act

 4. The Extradition Act 1988 applies in relation to the Republic of Chile subject to the Extradition Treaty between Australia and the Republic of Chile done at Canberra on 6 October 1993 (being the treaty a copy of the English text of which is set out in the Schedule).

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 SCHEDULE   Regulation 4

TREATY ON EXTRADITION BETWEEN
AUSTRALIA AND THE REPUBLIC OF CHILE

AUSTRALIAN AND THE REPUBLIC OF CHILE, desirous of making more effective the co-operation between both countries in the suppression of crime by concluding a Treaty on Extradition;

HAVE AGREED as follows:

I
Obligation to extradite

Each Contracting State agrees to extradite to the other, in accordance with the provisions of this Treaty, any person charged with, tried for, declared guilty of, or sentenced to imprisonment for, an extraditable offence.

II
Extraditable offences

1. For the purposes of this Treaty, extraditable offences are offences which are, according to the laws of both Contracting States, punishable by loss of liberty with a maximum term of no less than one year.  Where extradition is requested for the enforcement of a sentence of deprivation of liberty, extradition shall be granted only if a period of at least six months of such sentence remains to be served.

2. For the purposes of this Article, in determining whether an offence is an offence against the laws of both Contracting States:
         (a) it shall not matter whether the laws of the Contracting States place the acts or omissions that constitute the offence in the same category of offence or denominate the offence by the same terminology;
         (b) all the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether under the laws of the Contracting States, the constituent elements of the offence differ.

3. Where extradition is sought for an offence against the laws relating to taxation, custom duties, foreign exchange controls or other revenue matters, extradition may not be refused on the ground that the laws of the Requested State do not impose the same kind of tax or duty or that it