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Statutory Rules 1993   No.308 1
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Extradition (Republic of Venezuela) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Extradition Act 1988.

Dated 17 November 1993.

 BILL HAYDEN
 Governor-General
By His Excellency's Command,

D. KERR
Minister for Justice

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Citation

 1. These Regulations may be cited as the Extradition (Republic of Venezuela) Regulations.

Commencement

 2. These Regulations commence on 19 December 1993.

Interpretation

 3. (1) In these Regulations, unless the contrary intention appears:

"the Act" means the Extradition Act 1988.

Declaration of Republic of Venezuela as extradition country

 4. The Republic of Venezuela is declared to be an extradition country.

Application of the Act

 5. The Act applies in relation to the Republic of Venezuela subject to the Treaty on Extradition between Australia and the Republic of Venezuela done at Caracas on 11 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

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           SCHEDULE Regulation 5

        TREATY ON EXTRADITION BETWEEN AUSTRALIA
        AND THE
        REPUBLIC OF VENEZUELA

Australia and the Republic of Venezuela,

DESIRING to make more effective the co-operation of the two countries in the suppression of crime by concluding a treaty on extradition,

Have agreed as follows:

SCHEDULE—continued

Article I
Obligation to Extradite

The Contracting States agree to extradite to each other, on a reciprocal basis and in accordance with the provisions of this Treaty and with their laws, persons found in the territory of one of the States who are wanted for prosecution by the competent authority or who have been convicted or sentenced by the judicial authorities of the other State for an extraditable offence.

Article II
Extraditable Offences

1. Extraditable offences are those offences punishable under the laws of both Contracting States by deprivation of liberty for a maximum period of at least one year or by a more severe penalty.

2. Attempting to commit or conspiracy to commit any extraditable offence, or aiding, abetting, counselling or procuring, or being an accessory before or after the fact to, such offences shall also be extraditable offences provided these offences are punishable by deprivation of liberty for a maximum period of at least one year or by a more severe penalty under the laws of both Contracting States.

3. For the purposes of this Treaty in determining whether an offence is an offence against the laws of both Contracting States:
         (a) it shall not matter whether the laws of the Contracting States classify 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