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Statutory Rules 1997   No. 601
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Extradition (Republic of Hungary) Regulations

I, The 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 19 March 1997.

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

DARYL WILLIAMS
Attorney-General and Minister for Justice

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Citation

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

Commencement

 2. These Regulations commence on 25 April 1997.

Declaration of Republic of Hungary as an extradition country

 3. The Republic of Hungary is declared to be an extradition country.

Application of Act

 4. The Extradition Act 1988 applies in relation to the Republic of Hungary subject to the Treaty on Extradition between Australia and the Republic of Hungary (a copy of which is set out in the Schedule).
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        SCHEDULE    Regulation 4

        TREATY ON EXTRADITION BETWEEN AUSTRALIA
        AND THE REPUBLIC OF HUNGARY

Australia and the Republic of Hungary

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

HAVE AGREED as follows:

ARTICLE 1

OBLIGATION TO EXTRADITE

The Contracting States undertake to extradite to each other, subject to the provisions of this Treaty, any person found in the territory of one of the Contracting States who is wanted for prosecution by a competent authority for, or has been convicted of, an extraditable offence against the law of the other Contracting State.

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 Contracting States by imprisonment for a maximum period of at least one year or by a more severe penalty.  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 an offence against the law of both Contracting States:
         (a) it shall not matter whether the laws of the Contracting States 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 against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Contracting States, the constituent elements of the offence differ.

3. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign