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Statutory  Rules  1991   No. 361
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Extradition (United Mexican States) 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 21 March 1991.

 BILL HAYDEN
 Governor-General
 By His Excellency's Command,

MICHAEL DUFFY
Attorney-General
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Citation
 1. These Regulations may be cited as the Extradition (United Mexican States) Regulations.

Commencement
 2. These Regulations commence on 27 March 1991.

Interpretation
 3. In these Regulations unless the contrary intention appears:
"Mexico" means the United Mexican States;
"the Act" means the Extradition Act 1988.

Declaration of Mexico as extradition country
 4. Mexico is declared to be an extradition country.

Application of Act
 5. The Act applies in relation to Mexico subject to the Treaty on Extradition between Australia and Mexico done at Canberra on 22 June 1990 (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 AUSTRALIA AND
THE UNITED MEXICAN STATES

AUSTRALIA AND THE UNITED MEXICAN STATES,

Aware of the close ties existing between both peoples and desiring to promote greater co-operation between the two countries in all areas of common interest, including the suppression of crime, by concluding a treaty on extradition,

HAVE AGREED as follows:

Obligation to Extradite
ARTICLE 1

The Parties agree to extradite to each other, in accordance with the provisions of this Treaty, persons against whom criminal proceedings have been initiated or who are wanted for the imposition or enforcement of a judicial sentence involving deprivation of liberty for an extraditable offence.

Extraditable Offences
ARTICLE 2

1. For the purposes of this Treaty, extraditable offences are those offences, however named, which are punishable under the laws of both Parties by a penalty no less severe than deprivation of liberty for a maximum period of at least one year.

2. When the request for extradition relates to a person convicted of such an offence, who is wanted for the enforcement of a sentence of deprivation of liberty, extradition shall be granted only if a period of at least six months of such penalty remains to be served.

3. For the purposes of this Article, in determining whether conduct is an offence against the laws of both Parties and the constituent elements of the offence differ, the totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account.

4. When the offence has been committed outside the territory of the Requesting State extradition shall be granted when the law of the Requested Party provides for the punishment of an offence committed outside its territory in similar circumstances.