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Extradition (South Africa) Regulations 2001

  Statutory Rules 2001 No. 521

I, WILLIAM PATRICK DEANE, 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 22 March 2001

  WILLIAM DEANE
  Governor-General
  By His Excellency's Command

  SENATOR CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

Contents

Page
 1 Name of Regulations
 2 Commencement
 3 Declaration of South Africa as an extradition country
 4 Application of Act
 5 Extradition (Republic of South Africa) Regulations — repeal
 6 Transitional

Schedule 1 Treaty on Extradition between Australia and the Republic of South Africa

1 Name of Regulations

  These Regulations are the Extradition (South Africa) Regulations 2001.

2 Commencement

  These Regulations commence on 1 August 2001.

3 Declaration of South Africa as an extradition country

  South Africa is declared to be an extradition country.

4 Application of Act

  The Extradition Act 1988 applies to South Africa subject to the Treaty on Extradition between Australia and the Republic of South Africa, a copy of which is set out in Schedule 1.

5 Extradition (Republic of South Africa) Regulations — repeal

  The following Statutory Rules are repealed:
  1988 No. 301
  1997 No. 108.

6 Transitional

  Despite their repeal by these Regulations, the Extradition (Republic of South Africa) Regulations continue to apply in relation to extradition requests made before 1 August 2001.

Schedule 1 Treaty on Extradition between Australia and the Republic of South Africa

(regulation 4)

TREATY ON EXTRADITION
BETWEEN AUSTRALIA AND THE REPUBLIC OF SOUTH AFRICA

DESIRING to make more effective the co-operation of the two countries in the suppression of crime by concluding a treaty on extradition,

HAVE AGREED as follows:

Article 1
Obligation to extradite

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.

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 Contracting States by imprisonment 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 such an offence who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if a period of at least six months of such penalty remains to be served.

2. For the purposes of this Article in determining whether an offence is an offence against the law of both Contracting States—
       (a) it shall not matter whether the laws of the Contracting States