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Statutory Rules 1989 No. 3721

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Extradition (Republic of Argentina)
Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Extradition Act 1988.

Dated 14 December 1989.

BILL HAYDEN
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 (Republic of Argentina) Regulations.

Commencement
2. These Regulations commence on 15 February 1990.

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

Declaration of Republic of Argentina as extradition country
4. The Republic of Argentina is declared to be an extradition country.

(S.R. 405/891—Cat. No. 14/7.12.1989

Application of the Act
5. The Act applies in relation to the Republic of Argentina subject to the Treaty on Extradition between Australia and the Republic of Argentina done at Buenos Aires on 6 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

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SCHEDULE Regulation 5

TREATY ON EXTRADITION
BETWEEN
THE GOVERNMENT OF AUSTRALIA
AND
THE GOVERNMENT OF THE REPUBLIC OF ARGENTINA
The Government of Australia and the Government of the Republic of Argentina:
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 Party 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 are punishable under the laws of both Contracting Parties by imprisonment for a maximum period of at least ONE (1) 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 one year of such penalty remains to be served.
2. For the purpose of this Article, in determining whether conduct 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 shall be taken into account and it shall not matter whether, under the laws of the