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Statutory Rules 1988 No. 2941

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Extradition (Norway) 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

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Citation
1. These Regulations may be cited as the Extradition (Norway) Regulations.

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

Declaration of Norway as extradition country
3. Norway is declared to be an extradition country.

Application of Act
4. The Act applies in relation to Norway subject to the Treaty between Australia and Norway concerning Extradition that came into force on 2 March 1987 (being the treaty a copy of the English text of which is set out in the Schedule).

(S.R. 315/88)—Cat. No. 14/16.11.1988

SCHEDULE Regulation 4

TREATY BETWEEN AUSTRALIA AND NORWAY CONCERNING EXTRADITION

Australia and Norway,

DESIRING to make provision for the reciprocal extradition of persons charged with or convicted of criminal offences,

HAVE AGREED as follows:

Article 1 (Obligation to extradite)

1. Each Contracting Party undertakes to extradite to the other Contracting Party, subject to the provisions of this Treaty, any person found within its territory who is charged by a competent authority of the other Contracting Party, with, or has been convicted by such an authority of, an extraditable offence in respect of which the Contracting Party requesting extradition asserts jurisdiction.
2. Extradition may be refused where the offence in respect of which extradition is requested was committed outside the territory of the requesting State. If the offence for which extradition is requested was committed outside both the territory of the requesting State and the territory of the requested State, the requested State shall grant extradition if it does not itself exercise jurisdiction in the particular case but its law provides for the punishment of an offence committed outside its territory in similar circumstances.
3. If the request for extradition is refused only on the ground that the offence in respect of which it is requested was committed in the territory of the requested State, that State shall take all appropriate measures in accordance with its own law to prosecute the person claimed. All expenses incurred under such prosecution in the requested State shall be borne by that State. The requesting State shall be informed of the results of the prosecution.

Article 2 (Territory)

1. For the purposes of this Treaty, the territory of a Contracting Party means all territory, airspace and waters under its criminal jurisdiction, as well as any vessel or aircraft