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Statutory Rules 1994   No. 4411
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Extradition (Republic of Indonesia)  Regulations

I, The 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 20 December 1994.

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

M. LAVARCH
Attorney-General

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Citation

 1. These Regulations may be cited as the Extradition (Republic of Indonesia)  Regulations.

Commencement

 2. These Regulations commence on 21 January 1995.

Interpretation

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

Declaration of Republic of Indonesia as extradition country

 4. The Republic of Indonesia is declared to be an extradition country.

Application of Act

 5. The Act applies in relation to the Republic of Indonesia subject to the Extradition Treaty between Australia and the Republic of Indonesia done at Jakarta on 22 April 1992 (being the treaty a copy of the English text of which is set out in the Schedule).

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SCHEDULE

EXTRADITION TREATY  BETWEEN
AUSTRALIA AND THE REPUBLIC OF INDONESIA

AUSTRALIA AND THE REPUBLIC OF INDONESIA,

DESIRING to make more effective the cooperation of the two countries in the repression of crime and specifically, to regulate and thereby promote the relations between them in matters of extradition,

HAVE AGREED AS FOLLOWS:

Article 1
Obligation to Extradite

1. Each Contracting State 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.

2. If the offence for which extradition is requested has been committed outside the territory of the Requesting State, extradition shall be granted subject to the provisions of this Treaty, if the person whose extradition is requested is a national of the Requesting State. If the person whose extradition is requested in respect of such an offence is not a national of the Requesting State, the Requested State may, in its discretion, grant extradition.

    Article 2
    Extraditable Offences

1. Persons shall be extradited according to the provisions of this Treaty for any act or omission constituting any of the following offences provided the offence is punishable by the laws of both Contracting States by a term of imprisonment of not less than one year or by a more severe penalty:

           (1) wilful murder, murder;

           (2) manslaughter;

           (3) an offence against the law relating to abortion;

           (4) aiding or abetting or counselling or procuring the commission of suicide;

           (5) maliciously or wilfully wounding or inflicting grievous bodily harm, assault occasioning actual bodily harm;

           (6) assaulting a Magistrate, a police officer or a public officer;

           (7) assault on board a ship