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Statutory Rules 1988 No. 2951

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Extradition (Republic of Portugal) 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 (Republic of Portugal) Regulations.

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

Declaration of Republic of Portugal as extradition country
3. The Republic of Portugal is declared to be an extradition country.

Application of Act
4. The Act applies in relation to the Republic of Portugal subject to the Treaty on Extradition between Australia and the Republic of Portugal that came into force on 29 August 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

(S.R. 312/88)—Cat. No. 14/7.11.1988

SCHEDULE Regulation 4

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE REPUBLIC OF PORTUGAL
Australia and the Republic of Portugal.
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

1. Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty, any persons who are wanted for prosecution before a competent authority or the imposition of a sentence by such an authority or the enforcement of such 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 which are punishable under the laws of both Contracting Parties by imprisonment or other measure of deprivation of liberty for a maximum period of at least one year. 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 or other measure of deprivation of liberty, extradition shall be granted only if a period of at least six months imprisonment or other measure of deprivation of liberty remains to be served.
2. For the purpose of this Article, in determining whether an offence is an offence against the law of both Contracting Parties:
    (a) 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 terminology;
    (b) the totality of the acts or omissions alleged