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Statutory Rules 1996   No. 1701
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Extradition (Federative Republic of Brazil) 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 29 July 1996.

 WILLIAM DEANE
 Governor-General
By His Excellency's Command,

DARYL WILLIAMS
Attorney-General and Minister for Justice

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Citation

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

Commencement

 2. These Regulations commence on 1 September 1996.

Declaration of Federative Republic of Brazil as extradition country

 3. The Federative Republic of Brazil is declared to be an extradition country.

Application of Act

 4. The Extradition Act 1988 applies in relation to the Federative Republic of Brazil subject to the Treaty on Extradition between Australia and the Federative Republic of Brazil done at Canberra on 22 August 1994 (being the treaty a copy of the English text of which is set out in the Schedule).

Repeal of Extradition (Brazil) Regulations

 5. Statutory Rules 1988 No. 299 is repealed.

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 SCHEDULE Regulation 4

TREATY ON EXTRADITION BETWEEN AUSTRALIA
AND THE FEDERATIVE REPUBLIC OF BRAZIL

AUSTRALIA AND THE FEDERATIVE REPUBLIC OF BRAZIL, herein called the Contracting Parties,

DESIRING to make more effective the co-operation between their respective countries in the prevention and suppression of crime by concluding a treaty on extradition,

HAVE AGREED as follows:

SCHEDULE—continued

Article 1
Obligation to extradite

 Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty, any person who is wanted for prosecution or the imposition or enforcement of a sentence in the Requesting Party for an extraditable offence.

Article 2
Extraditable offences

1. For the purposes of this Treaty, extradition shall be granted for conduct which constitutes an offence under the laws of both Contracting Parties that is punishable by deprivation of liberty for a period of at least one year or by a more severe penalty.

2. Where the request for extradition relates to a person sentenced to deprivation of liberty by a court of the Requesting Party for any extraditable offence, extradition shall be granted only if a period of at least nine months of the sentence remains to be served.

3. For the purposes of this Article, in determining whether conduct is an offence against the law of the Requested Party:

    (a) it shall not matter whether the laws of the Contracting Parties place the conduct constituting the offence within the same category of offence or denominate the offence by the same terminology;

    (b) the totality of the conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the