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Extradition (Malaysia) Regulations 20061

  Select Legislative Instrument 2006 No. 290

I, PHILIP MICHAEL JEFFERY, 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 16 November 2006

  P. M. JEFFERY
  Governor‑General
  By His Excellency's Command

  CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

1 Name of Regulations

  These Regulations are the Extradition (Malaysia) Regulations 2006.

2 Commencement

  These Regulations commence on the day on which the Treaty between the Government of Australia and the Government of Malaysia on Extradition, done at Putrajaya in Malaysia on 15 November 2005, enters into force.

3 Definition

  In these Regulations:
Act means the Extradition Act 1988.

4 Declaration of Malaysia as an extradition country

  For the definition of extradition country in section 5 of the Act, Malaysia is declared to be an extradition country.

5 Application of Act

  For subsection 11 (1) of the Act, the Act applies to Malaysia subject to:
 (a) the Treaty between the Government of Australia and the Government of Malaysia on Extradition, done at Putrajaya in Malaysia on 15 November 2005, a copy of which is set out in Schedule 1; and
 (b) an exchange of notes on 7 December 2005, relating to the Treaty, a copy of the text of which is set out in Schedule 2.
Schedule 1 Treaty between the Government of Australia and the Government of Malaysia on Extradition done at Putrajaya in Malaysia on 15 November 2005
(paragraph 5 (a))

TREATY BETWEEN THE GOVERNMENT OF AUSTRALIA
AND THE GOVERNMENT OF MALAYSIA ON EXTRADITION

The Government of Australia and the Government of Malaysia (hereinafter referred to singularly as "the Party" and collectively as "the Parties"),
Desiring to strengthen friendly relations between the two countries;
Recognizing the need to provide for more effective cooperation between the two countries in the suppression of crime;
HAVE AGREED as follows:

ARTICLE 1
OBLIGATION TO EXTRADITE

The Parties agree to extradite to each other, pursuant to the provisions of this Treaty, any persons who are wanted for prosecution, or the imposition or enforcement of a sentence, in the Requesting Party for an extraditable offence.

ARTICLE 2
EXTRADITABLE OFFENCES

1. An offence shall be an extraditable offence if it is punishable under the laws of both Parties by imprisonment for a period of not less than one year, or by a more severe penalty.

2. An offence shall also be an extraditable offence if it consists of an attempt or a conspiracy to commit, aiding or abetting, counseling, causing or procuring the commission of or being an accessory before or after the fact to, any offence described in paragraph 1 and is punishable under the laws