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Statutory Rules 1988 No. 2901

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Extradition (State of Israel) 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

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Citation
1. These Regulations may be cited as the Extradition (State of Israel) Regulations.

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

Declaration of State of Israel as extradition country
3. The State of Israel is declared to be an extradition country.

Application of Act
4. The Act applies in relation to the State of Israel subject to the Treaty between Australia and the State of Israel concerning Extradition that came into force on 3 January 1976 (being the treaty a copy of the English text of which is set out in the Schedule).

(S.R. 321/88)—Cat. No. 14/16.11.1988

                       SCHEDULE Regulation 4

TREATY BETWEEN AUSTRALIA AND THE STATE OF ISRAEL CONCERNING EXTRADITION
AUSTRALIA and The STATE OF ISRAEL
DESIRING to make provision for the extradition of persons accused or convicted of crimes,
HAVE AGREED as follows:

ARTICLE I

Each Contracting Party agrees to extradite to the other Contracting Party, subject to the provisions of this Treaty, any person found in its territory who is accused, or has been convicted, of an offence committed in the territory of the other Contracting Party or outside that territory in the circumstances referred to in paragraph 3 of Article III.

ARTICLE II

1. A reference in this Treaty to the territory of a Contracting Party is a reference to all the territory under the jurisdiction of that Party, including airspace, territorial sea and vessels and aircraft owned by that Party or registered in its territory if any such vessel is on the high seas or any such aircraft is in flight when the act or omission constituting the offence takes place.
2. For the purposes of this Treaty, an aircraft is considered to be in flight at any time from the moment when its external doors are closed following an embarkation until the moment when any such door is opened for disembarkation.
3. For the purposes of this Treaty, the territory falling under the jurisdiction of Australia includes the Territories for the international relations of which Australia is responsible.

ARTICLE III

1. Extradition shall be granted for an act or omission constituting an offence coming within any of the following categories of offences if the offence is according to the laws of both Contracting Parties, one for which extradition can be