Document ID: chunk:federal_register_of_legislation:F2013L01473:schedule:1:p1
Version: federal_register_of_legislation:F2013L01473
Segment Type: schedule
Provision Reference: sch 1 (pt 1/9)
Character Range: 1669–4470

Schedule 1—Treaty between Australia and the Socialist Republic of Vietnam on Extradition

TREATY

BETWEEN

AUSTRALIA AND

THE SOCIALIST REPUBLIC OF VIETNAM

ON EXTRADITION

 Australia and the Socialist Republic of Vietnam and (hereinafter referred as "the Parties"),

 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:

ARTICLE 1
OBLIGATION TO EXTRADITE

 Each Party agrees to extradite to the other Party, in accordance with the provisions of this Treaty, any person who is found in its territory and sought by the other Party for prosecution, or the imposition or enforcement of a sentence for an extraditable offence.

ARTICLE 2
EXTRADITABLE OFFENCES

 1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both Parties by imprisonment for a maximum period of at least one year or by a more severe penalty.

 2. Where the request for extradition relates to a person 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.

 3. For the purposes of this Article, in determining whether an offence is an offence against the laws of both Parties:

a)                   it shall not matter whether the laws of the Parties place the conduct constituting the offence within the same category of offence or denominate the offence by the same terminology;

b)                  the totality of the conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Parties, the constituent elements of the offence differ.

 4. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matters, extradition may not be refused on the ground that the law of the Requested Party does not impose the same kind of tax or duty or does not contain a tax, duty, customs, or exchange regulation of the same kind as the law of the Requesting Party.

 5. Where the offence has been committed outside the territory of the Requesting Party, extradition shall be granted, pursuant to this Treaty, where the law of the Requested Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested Party does not so provide, the Requested Party may, in its discretion, grant extradition.

 6. Extradition may be granted under this Treaty provided that:

a)                   the conduct in respect of which extradition is sought constituted an offence in the Requesting Party at