Document ID: chunk:federal_register_of_legislation:F2023L01553:schedule:1:p1
Version: federal_register_of_legislation:F2023L01553
Segment Type: schedule
Provision Reference: sch 1 (pt 1/10)
Character Range: 4214–7000

Schedule 1—Treaty on Extradition between Australia and the Czech Republic

Note: See section 7.

TREATY ON EXTRADITION
BETWEEN
AUSTRALIA
AND
THE CZECH REPUBLIC

Australia and the Czech Republic (hereinafter "the Contracting States"),

 DESIRING to deepen and facilitate their legal relations and wishing to contribute to the suppression of crime,

 HAVE AGREED as follows:

Article 1
OBLIGATION TO EXTRADITE
The Contracting States undertake to extradite to each other, subject to the provisions and conditions laid down in this Treaty, any persons against whom the competent authorities of the Requesting State are proceeding for an extraditable offence or who are wanted by the said authorities for the imposition or carrying out of a sentence for an extraditable offence.

Article 2
EXTRADITABLE OFFENCES
1. For the purposes of this Treaty, extraditable offences are offences which are punishable under the laws of both Contracting 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 enforcement of a sentence of imprisonment, extradition shall be granted only if a period of at least six months of such penalty remains to be served.

2.  If the request for extradition includes several separate offences each of which is punishable under the laws of the Requesting State and the Requested State by imprisonment, but of which some do not fulfil the condition with regard to the prescribed penalty or term of imprisonment remaining to be served, the Requested State may, in accordance with its domestic law, also grant extradition for the latter offences.

3. For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Contracting States:

      a)  it shall not matter whether the laws of the Contracting States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology; and

      b)  the totality of 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.

4. Where extradition of a person is requested for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter, extradition may not be refused on the ground that the law of the Requested State does not impose the same kind of tax or duty or does not contain a tax, duty, customs, or exchange regulation of the same kind as the laws of the Requesting State.

5. When the offence for which extradition