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Statutory Rules 1990 No. 1371

Extradition (Principality of Monaco)
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 18 June 1990.

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

Michael Duffy
Attorney-General

Citation
1. These Regulations may be cited as the Extradition (Principality of Monaco) Regulations.

Commencement
2. These Regulations commence on 1 August 1990.

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

Declaration of Principality of Monaco as extradition country
4. The Principality of Monaco is declared to be an extradition country.

(S.R. 215/89)—Cat. No. 14/5.6.1990

Application of Act
5. The Act applies in relation to the Principality of Monaco subject to the Treaty on Extradition between the Government of Australia and the Government of His Serene Highness the Prince of Monaco done at Monaco on 19 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

                       SCHEDULE Regulation 5

TREATY ON EXTRADITION
BETWEEN THE GOVERNMENT OF AUSTRALIA
AND THE GOVERNMENT
OF HIS SERENE HIGHNESS THE PRINCE OF MONACO

The Government of Australia and the Government of His Serene Highness the Prince of Monaco.
DESIRING to make more effective the co-operation of the two States 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 found in the requested State 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 States by imprisonment or other deprivation of liberty for a maximum period of at least one year or by a more severe penalty. Where a request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty, extradition shall be granted only if a penalty of at least six months or a more severe penalty has been imposed, or if a period of at least six months of such penalty remains to be served.

2. For the purpose of this article it shall not matter whether the laws of both States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology.

3. In determining whether an offence