Document ID: chunk:federal_register_of_legislation:F2022C00443:schedule:1:p1
Version: federal_register_of_legislation:F2022C00443
Segment Type: schedule
Provision Reference: sch 1 (pt 1/8)
Character Range: 3248–6020

Schedule 1—Treaty on Extradition between Australia and Ireland done at Dublin on 2 September 1985
Note: See paragraph 5(a).

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND IRELAND

Australia and Ireland,
DESIRING to make more effective the co‑operation of the two countries in the suppression of crime,
HAVE AGREED as follows:

ARTICLE I
OBLIGATION TO EXTRADITE
Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty, but subject to the law of the requested State and to such exceptions as are therein provided, any persons, including its citizens or nationals, who are wanted for prosecution or for the imposition or enforcement of a sentence in the requesting State for an extraditable offence,

ARTICLE II
EXTRADITABLE OFFENCES
    1. For the purposes of this Treaty, an extraditable offence is an offence however described which is punishable under the laws of both Contracting Parties by imprisonment for a period of at least one year or by a more severe penalty. Where the request for extradition relates to a person who has been convicted and sentenced to a term of imprisonment in respect of such an offence, extradition shall be granted only if imprisonment for a period of at least six months remains to be served.
    2. For the purposes of this Article, it shall not matter whether or not 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 terminology.
    3. Where the offence has been committed outside the territory of the requesting State, extradition shall be granted where the law of the requested State provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the requested State does not so provide, that State may, in its discretion, grant extradition.
    4. Extradition shall be granted, subject to the provisions of this Treaty, whether the offence in relation to which extradition is sought was committed before or after this Treaty enters into force, provided that:
       (a) it was an offence under the law of the requesting State at the time of the acts or omissions constituting the offence; and
       (b) the acts or omissions alleged would, if they had taken place in the requested State at the time of the making of the request for extradition, have constituted an offence under the law of that State.

ARTICLE III

EXCEPTIONS TO EXTRADITION
    1. Extradition shall not be granted in any of the following circumstances:
       (a) if the offence for which extradition is requested is a political offence or an offence connected with a political offence. Reference to a political offence shall not include the taking