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Extradition (Latvia) Regulations 2004

  Statutory Rules 2004 No. 3691

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 December 2004

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

  CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

Contents

 1 Name of Regulations
 2 Commencement
 3 Extradition (Latvia) Regulations 2000 — repeal
 4 Definition
 5 Declaration that Republic of Latvia is an extradition country
 6 Application of Act

Schedule 1 Treaty on Extradition between Australia and the Republic of Latvia

1 Name of Regulations

  These Regulations are the Extradition (Latvia) Regulations 2004.

2 Commencement

  These Regulations commence on 16 January 2005.

3 Extradition (Latvia) Regulations 2000 — repeal

  Statutory Rules 2000 No. 179 is repealed.

4 Definition

  In these Regulations:
Latvia means the Republic of Latvia.

5 Declaration that Republic of Latvia is an extradition country

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

6 Application of Act

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

Schedule 1 Treaty on Extradition between Australia and the Republic of Latvia
(regulation 6)

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE REPUBLIC OF LATVIA
(Riga, 14 July 2000)

AUSTRALIA AND THE REPUBLIC OF LATVIA, hereinafter referred to as "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,

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 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, however described, which at the time of the request for extradition 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