Document ID: chunk:federal_register_of_legislation:F1999B00194:body:0:p1
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Extradition (Poland) Regulations 1999
  Statutory Rules 1999 No. 203

I, WILLIAM PATRICK DEANE, 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 9 September 1999.

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

  amanda vanstone
  Minister for Justice and Customs

Extradition (Poland) Regulations 1999

Statutory Rules 1999 No. 2031

made under the

Extradition Act 1988

Contents

 Page

 1 Name of Regulations
 2 Commencement
 3 Declaration of Poland as an extradition country
 4 Application of Act

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

1 Name of Regulations

  These Regulations are the Extradition (Poland) Regulations 1999.

2 Commencement

  These Regulations commence on 2 December 1999.

3 Declaration of Poland as an extradition country

  Poland is declared to be an extradition country.

4 Application of Act

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

Schedule 1 Treaty between Australia and the Republic of Poland on Extradition
(regulation 4)

Australia and the Republic of Poland

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

HAVING DECIDED to conclude the present treaty and having appointed their respective representatives to this end,

HAVE AGREED as follows:

Article 1
Obligation to extradite

The Contracting Parties undertake to surrender to each other, subject to the provisions and conditions laid down in this Treaty, persons against whom the competent authorities of the Requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence.

Article 2
Extraditable offences

1. For the purpose of this Treaty, extraditable offences are offences however described which are punishable under the laws of both Contracting Parties by imprisonment for a period of more than 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 Parties:

        (a) it shall not matter whether the laws of the Contracting Parties 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