Document ID: chunk:federal_register_of_legislation:F2004C00142:body:0:p12
Version: federal_register_of_legislation:F2004C00142
Segment Type: other
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Character Range: 27084–29872

Treaty remains in force.

 IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

 DONE in duplicate at Stockholm on the sixth day of September One thousand nine hundred and eighty-five in the English and Swedish languages, both texts being equally authentic.

For Australia: LIONEL BOWEN

For Sweden: STEN WICKBOM

Schedule 3 Protocol between Australia and Sweden further amending the Treaty concerning extradition done at Stockholm on 20 March 1973
(regulation 4)

PROTOCOL BETWEEN AUSTRALIA AND SWEDEN FURTHER AMENDING THE TREATY CONCERNING EXTRADITION DONE AT STOCKHOLM ON 20 MARCH 1973

Australia and Sweden, desiring to further amend the Treaty between Australia and Sweden concerning Extradition, done at Stockholm on 20 March 1973 and amended by Protocol done at Stockholm on 6 September 1985, have agreed as follows:

Article 1

The text of Article V of the Treaty shall be replaced by the following:

'Extradition may be refused where —

 (a) the act or omission constituting the offence for which extradition is requested is of a kind that under the law of the Requested State, constitutes an offence against military law;

 (b) the person whose extradition is requested is liable to be tried by a Court or Tribunal that is specially established for the purpose of trying his case or is only occasionally, or under exceptional circumstances, authorized to try such cases or his extradition is requested for the purpose of his serving a sentence imposed by such a Court or Tribunal;

 (c) the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers it to be incompatible with the requirements of humane treatment to surrender the person whose extradition is requested in view of his age or state of health or for any similar reason;

 (d) the person whose extradition is requested has already been proceeded against in the territory of the Requested State or in a third State for the act or omission constituting the offence for which extradition is requested;

 (e) the person whose extradition is requested is exempt from prosecution or punishment by lapse of time according to the law of the Requesting State or the Requested State in respect of the act or omission constituting the offence for which extradition is requested; or

 (f) in the case of a person convicted of an offence —
           (i) the sentence imposed in the territory of the Requesting State for the offence for which extradition is requested was less severe than a sentence of imprisonment or any other form of deprivation of liberty for a period of four months; or
           (ii) the conviction is regarded by the Requested State as being unjustified.'