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Extradition (Federal Republic of Germany) Regulations

Statutory Rules 1990 No. 134 as amended

made under the

Extradition Act 1988

This compilation was prepared on 31 May 2004
taking into account amendments up to SR 1990 No. 243

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

Contents

 1 Citation [see Note 1]
 2 Commencement
 3 Interpretation
 4 Declaration of Federal Republic of Germany as extradition country
 5 Application of Act
 6 Repeal of S.R. 1988 No. 302

Schedule

Notes

1 Citation [see Note 1]

  These Regulations may be cited as the Extradition (Federal Republic of Germany) Regulations.

2 Commencement

  These Regulations commence on 1 August 1990.

3 Interpretation

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

4 Declaration of Federal Republic of Germany as extradition country

  The Federal Republic of Germany is declared to be an extradition country.

5 Application of Act

  The Act applies in relation to the Federal Republic of Germany subject to the Treaty between Australia and the Federal Republic of Germany concerning Extradition done at Bonn on 14 April 1987 (being the treaty a copy of the English text of which is set out in the Schedule).

6 Repeal of S.R. 1988 No. 302

  The Extradition (Federal Republic of Germany) Regulations in force immediately before the commencement of these Regulations are repealed.
Schedule
(regulation 5)

TREATY

BETWEEN

AUSTRALIA

AND

THE FEDERAL REPUBLIC OF GERMANY

CONCERNING EXTRADITION

AUSTRALIA AND THE REPUBLIC OF GERMANY

DESIRING to regulate their relations in the field of extradition.

HAVE AGREED as follows:

ARTICLE 1

(1) The Contracting Parties undertake to extradite to each other, subject to the provisions of this Treaty, any person found in the territory of one of the Contracting Parties who is wanted for prosecution by a competent authority for, or has been convicted of, an offence committed within the territory of the other Contracting Party.

(2) When the offence has been committed outside the territory of the Requesting State, the Requested State shall grant extradition according to the provisions of this Treaty if its laws would provide for the punishment of such an offence committed in similar circumstances.

ARTICLE 2

(1) For the purpose of this Treaty, extraditable offences are offences which are at the time of the request for extradition punishable under the laws of both Contracting Parties by imprisonment or other deprivation of liberty for a maximum period of at least one year or by a more severe penalty.  Where the request for extradition relates to a person convicted of an extraditable offence who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty, extradition shall be granted only if a period of