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Extradition (Republic of Paraguay) Regulations 1998

  Statutory Rules  1998    No. 362

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Extradition Act 1988.
Dated 17 December 1998.

  WILLIAM DEANE
  Governor-General
  By His Excellency's Command,

AMANDA VANSTONE
  Minister for Justice and Customs

Extradition (Republic of Paraguay) Regulations 1998

Statutory Rules 1998 No. 362 1

made under the

Extradition Act 1988

Contents

 Page

 1 Name of regulations 2
 2 Commencement 2
 3 Declaration of Republic of Paraguay as an extradition country              2
 4 Application of Act 2

Schedule 1 Treaty on Extradition between Australia and the Republic of Paraguay              3

1 Name of regulations

  These regulations are the Extradition (Republic of Paraguay) Regulations 1998.

2 Commencement

  These regulations commence on 30 May 1999.

3 Declaration of Republic of Paraguay as an extradition country

  The Republic of Paraguay is declared to be an extradition country.

4 Application of Act

  The Extradition Act 1988 applies to the Republic of Paraguay subject to the Treaty on Extradition between Australia and the Republic of Paraguay (a copy of which is set out in Schedule 1).

Schedule 1 Treaty on Extradition between Australia and the Republic of
Paraguay
 (regulation 4)

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE REPUBLIC OF PARAGUAY

AUSTRALIA AND THE REPUBLIC OF PARAGUAY, (hereinafter called the "Contracting States")

DESIRING to make more effective the co-operation of the two countries in the suppression of crime by concluding a Treaty on Extradition of persons wanted for prosecution or persons wanted for the imposition or enforcement of a sentence imposed by the Requesting State for the commission of crimes,

HAVE AGREED as follows:

Article 1
Obligation to extradite

Each Contracting State agrees to extradite to the other, in accordance with the provisions of this Treaty, any persons who are wanted for prosecution or for 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 which are punishable under the laws of both Contracting States by imprisonment for a period of at least two years. 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. For the purpose of this Article in determining whether an offence is a punishable offence according to the laws of both Contracting States:

       (a) it shall not matter whether the laws of the Contracting States place the acts or omissions constituting