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Extradition (United States of America) Regulations

Statutory Rules 1988 No. 298 as amended

made under the

Extradition Act 1988

This compilation was prepared on 22 November 2000
taking into account amendments up to SR 1992 No. 394

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents
Page

 1 Citation [see Note 1]
 2 Interpretation
 3 Declaration of United States of America as extradition country
 4 Application of Act

Schedule 1 Treaty on extradition between Australia and the United States of America

Schedule 2 Protocol amending the treaty on extradition between Australia and the United States of America of May 14, 1974

Notes

1 Citation [see Note 1]

  These Regulations may be cited as the Extradition (United States of America) Regulations.

2 Interpretation

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

3 Declaration of United States of America as extradition country

  The United States of America is declared to be an extradition country.

4 Application of Act

  The Act applies in relation to the United States of America subject to the Treaty on Extradition between Australia and the United States of America that came into force on 8 May 1976, as amended by the Protocol done at Seoul on 4 September 1990 (being, respectively, the treaty a copy of the text of which is set out in Schedule 1 and the protocol a copy of the text of which is set out in Schedule 2).

Schedule 1 Treaty on extradition between Australia and the United States of America
(regulation 4)

 Australia and the United States of America, desiring to make more effective the cooperation of the two countries for the reciprocal extradition of offenders, agree as follows:

ARTICLE I

 Each Contracting Party agrees, under the conditions and circumstances established by this Treaty, reciprocally to deliver up persons found in its territory who have been charged with or convicted of any of the offences mentioned in Article II of this Treaty committed within the territory of the other Contracting Party, or outside that territory under the conditions specified in Article IV of this Treaty.

ARTICLE II

 (1) Persons shall be delivered up according to the provisions of this Treaty for any of the following offences provided these offences are punishable by the laws of both Contracting Parties by a term of imprisonment exceeding one year or by death:
      1. Murder or willful murder; assault with intent to commit murder.
      2. Manslaughter.
      3. Aggravated or willful wounding or injuring; assault occasioning actual bodily harm.
      4. Unlawful throwing or application of any corrosive or injurious substances upon the person of another.
      5. Rape; indecent assault, including unlawful sexual acts with or upon children.
      6. Illegal