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Statutory Rules 1988 No. 2871

––––––

Extradition (Republic of Austria)
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 Austria) Regulations.

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

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

Application of Act
4. The Act applies in relation to the Republic of Austria subject to the Treaty between Australia and the Republic of Austria concerning Extradition that came into force on 6 February 1975 (being the treaty a copy of the

(S.R. 316/88)—Cat. No. 14/16.11.1988

English text of which is set out in Schedule 1) as amended by the Protocol between Australia and the Republic of Austria amending that Treaty that came into force on 1 February 1987 (being the protocol a copy of the English text of which is set out in Schedule 2).
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                        SCHEDULE 1 Regulation 4

TREATY

               BETWEEN AUSTRALIA AND THE REPUBLIC OF AUSTRIA CONCERNING EXTRADITION
Australia and the Republic of Austria,
DESIRING to make provision for the extradition of persons accused or convicted of offences,
HAVE AGREED as follows:

ARTICLE 1

Each Contracting Party undertakes 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 3.

ARTICLE 2

(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 and 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, the territory falling under the jurisdiction of Australia includes the Territories for the international relations of which Australia is responsible.

ARTICLE 3

(1) Extradition of a person shall be granted for an act or omission constituting an offence, whether committed in or outside the territory of the requesting State, only where the act or omission constituting the offence would, if