Protocol between Australia and Sweden further amending
the Treaty concerning extradition done at Stockholm on 20 March 1973
(regulation 4)
PROTOCOL BETWEEN AUSTRALIA AND SWEDEN FURTHER AMENDING THE
TREATY CONCERNING EXTRADITION DONE AT STOCKHOLM ON 20 MARCH 1973
Australia
and Sweden, desiring to further amend the Treaty between Australia and Sweden
concerning Extradition, done at Stockholm on 20 March 1973 and amended by
Protocol done at Stockholm on 6 September 1985, have agreed as follows:
Article 1
The text of Article V of the Treaty shall be replaced by the
following: `Extradition may be refused where —
(a) the act or omission constituting the offence for which extradition is
requested is of a kind that under the law of the Requested State,
constitutes an offence against military law;
(b) the person whose extradition is requested is liable to be tried by a
Court or Tribunal that is specially established for the purpose of
trying his case or is only occasionally, or under exceptional
circumstances, authorized to try such cases or his extradition is
requested for the purpose of his serving a sentence imposed by such a
Court or Tribunal;
(c) the Requested State, while also taking into account the nature of the
offence and the interests of the Requesting State, considers it to be
incompatible with the requirements of humane treatment to surrender
the person whose extradition is requested in view of his age or state
of health or for any similar reason;
(d) the person whose extradition is requested has already been proceeded
against in the territory of the Requested State or in a third State
for the act or omission constituting the offence for which extradition
is requested;
(e) the person whose extradition is requested is exempt from prosecution
or punishment by lapse of time according to the law of the Requesting
State or the Requested State in respect of the act or omission
constituting the offence for which extradition is requested; or
(f) in the case of a person convicted of an offence —
(i)
the
sentence imposed in the territory of the Requesting State for the
offence for which extradition is requested was less severe than a
sentence of imprisonment or any other form of deprivation of liberty
for a period of four months; or
(ii)
the conviction is regarded by
the Requested State as being unjustified.'
Article 2
The text of Article IX of the Treaty shall be replaced by the
following: `1. If the Requested State considers that the information
furnished in support of the request for the extradition of a person is not
sufficient to fulfil the requirements of its law with respect to extradition,
that State may request that additional information be furnished within such
time as it specifies. 2. If the person whose extradition is requested is
under arrest and the additional information furnished is not sufficient or is
not received within the time specified, the person may be released from
custody. 3. Where a person is released from custody in accordance with
paragraph 2 of this Article, the Requested State shall notify the Requesting
State accordingly.'
Article 3
1. This Protocol shall enter into force 30
days after the date of signature. 2. This Protocol shall remain in force so
long as the Treaty remains in force. IN WITNESS WHEREOF the undersigned,
being duly authorized thereto by their respective Governments, have signed
this Protocol. DONE in duplicate at Canberra on the eleventh day of May 1989
in the English and Swedish languages, both texts being equally authentic.
Commonwealth Consolidated Regulations