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Statutory Rules 1988 No. 293

Extradition (Kingdom of the Netherlands)
Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Extradition Act 1988.

Dated 24 November 1988.

                                             N. M. STEPHEN
                                             Governor-General
By His Excellency's Command,

Lionel Bowen
Attorney-General

Citation
1. These Regulations may be cited as the Extradition (Kingdom of the Netherlands) Regulations.

Interpretation
2. In these Regulations, unless the contrary intention appears:
"the Act" means the Extradition Act 1988.

Declaration of Kingdom of the Netherlands as extradition country
3. The Kingdom of the Netherlands is declared to be an extradition country.

(S.R. 314/88)—Cat. No. 14/7.11.1988

Application of Act
4. The Act applies in relation to the Kingdom of the Netherlands subject to the Treaty on Extradition between Australia and the Kingdom of the Netherlands that came into force on 1 February 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

SCHEDULE Regulation 4
TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE KINGDOM OF THE NETHERLANDS

Australia and the Kingdom of the Netherlands, desiring to make more effective the co-operation of the two countries in the suppression of crime by concluding a treaty for the extradition of persons charged with or convicted of offences,

HAVE AGREED as follows:

ARTICLE 1

Obligation to extradite

Each Contracting Party 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

Extraditable offences

1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both Contracting Parties by imprisonment or other deprivation of liberty 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 on account of such an offence who is wanted for the enforcement of a sentence, extradition shall be granted only if a deprivation of liberty has been imposed and a period of at least six months of such deprivation of liberty remains to be served.

2. For the purpose of this Article it shall not matter whether 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 or similar terminology.

3. For the purpose of this Article in determining whether an offence is an offence against the law of both Contracting Parties the totality of the acts