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Extradition (United Arab Emirates) Regulations 20101

  Select Legislative Instrument 2010 No. 36

I, QUENTIN BRYCE, 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 10 March 2010

  QUENTIN BRYCE
  Governor-General
  By Her Excellency's Command

  BRENDAN O'CONNOR
  Minister for Home Affairs

1 Name of Regulations

  These Regulations are the Extradition (United Arab Emirates) Regulations 2010.

2 Commencement

  These Regulations commence on the day on which the Treaty on Extradition between Australia and the State of the United Arab Emirates, done at Hobart in Australia on 26 July 2007, enters into force.

3 Definition

  In these Regulations:
Act means the Extradition Act 1988.
United Arab Emirates means the State of the United Arab Emirates.

4 Declaration of the United Arab Emirates as an extradition country

  For the definition of extradition country in section 5 of the Act, the United Arab Emirates is declared to be an extradition country.

5 Application of Act

  For paragraph 11 (1) (a) of the Act, the Act applies to the United Arab Emirates subject to the Treaty on Extradition between Australia and the State of the United Arab Emirates, done at Hobart in Australia on 26 July 2007, a copy of which is set out in Schedule 1.
Schedule 1 Treaty on Extradition between Australia and the State of the United Arab Emirates, done at Hobart in Australia on 26 July 2007
(regulation 5)

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE STATE OF THE UNITED ARAB EMIRATES

Australia and The State of the United Arab Emirates (hereinafter referred to as the States)

DESIRING to make more effective the cooperation of the two States in the suppression of crime by concluding a treaty on extradition.

HAVE AGREED as follows:

ARTICLE 1
OBLIGATION TO EXTRADITE

Each State 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
APPLICATION OF TREATY

This Treaty shall apply to extradition requests made after its entry into force, even if the relevant acts or omissions occurred prior to that date, provided that the relevant acts or omissions constituted an offence in the Requesting State at the time they occurred.

ARTICLE 3
EXTRADITABLE OFFENCES

1. For the purposes of this Treaty, extraditable offences are offences which are punishable under the laws of both States 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