EXTRADITION (FINLAND) REGULATIONS (AMENDMENT) 1986 NO. 32 EXTRADITION (FINLAND) REGULATIONS (AMENDMENT) 1986 NO. 32 - TABLE OF PROVISIONS 1. Principal Regulations 2. Application of Act 3. Schedule 4. New Schedule 1986 No. 32 EXTRADITION (FINLAND) REGULATIONS (AMENDMENT) - REG 1 Principal Regulations 1. In these Regulations, "Principal Regulations" means the Extradition (Finland) Regulations. 1986 No. 32 EXTRADITION (FINLAND) REGULATIONS (AMENDMENT) - REG 2 Application of Act 2. Regulation 3 of the Principal Regulations is amended- (a) by omitting from paragraph (a) "the Schedule" and substituting "Schedule 1"; and (b) by adding at the end of paragraph (a) "as amended by the Protocol between Australia and Finland that came into force on 14 February 1986 (being the Protocol a copy of the English text of which is set out in Schedule 2)". 1986 No. 32 EXTRADITION (FINLAND) REGULATIONS (AMENDMENT) - REG 3 Schedule 3. The Schedule to the Principal Regulations is amended by omitting the heading "SCHEDULE" and substituting "SCHEDULE 1". 1986 No. 32 EXTRADITION (FINLAND) REGULATIONS (AMENDMENT) - REG 4 New Schedule 4. The Principal Regulations are amended by adding at the end the following Schedule: SCHEDULE 2 Regulation 3 PROTOCOL BETWEEN AUSTRALIA AND FINLAND AMENDING THE TREATY CONCERNING EXTRADITION DONE AT HELSINKI ON 7 JUNE 1984 Australia and Finland, desiring to amend the Treaty between Australia and Finland concerning Extradition, done at Helsinki on 7 June 1984, have agreed as follows: Article 1 The text of Article 2 of the Treaty shall be replaced by the following: "1. For the purposes of this Treaty, extradition shall be granted only in respect of offences which are offences however described which are punishable under the laws of both Contracting Parties by imprisonment or other deprivation of liberty for a period of more than 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 or other deprivation of liberty, extradition shall be granted only if a penalty of at least four months of such penalty remains to be served. "2. Subject to the conditions set forth in paragraph 1 of this Article extradition shall also be granted for the offences of: (a) aiding, abetting, counselling or procuring the commission of, being an accessory before or after the fact to, or attempting or conspiring to commit an offence described in paragraph 1; and (b) impeding the apprehension or prosecution of a person charged with an offence described in paragraph 1. "3. For the purpose of this Article it shall not matter whether the laws of the Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology. "4. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or any other revenue matter extradition may not be refused on the ground that the law of the Requested State does not impose the same kind of tax or duty or does not contain a tax, duty, customs or exchange regulation of the same kind as the law of the Requesting State. "5. For the purpose of this Article in determining whether an offence is an offence against the law of both Contracting Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the Requesting State. "6. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was committed, provided that: (a) it was an offence in the Requesting State at the time of the acts or omissions constituting the offence; and (b) the acts or omissions alleged would, if they had taken place in the territory of the Requested State at the time of the making of the request for extradition, have constituted an offence against the law in force in that State. "7. When a person has been convicted in his absence of an extraditable offence, then, for the purposes of this Treaty, the person shall be deemed not to have been convicted of that offence but shall be deemed to be accused of that offence." Article 2 Article 5 of the Treaty shall be amended by adding "or" to the end of paragraph 1 (e) and deleting paragraph 1 (f). Article 3 The text of Article 7 of the Treaty shall be replaced by the following: "1. A request for extradition shall be made in writing. All documents submitted in support of a request for extradition shall be duly authenticated. "2. The request for extradition shall be accompanied: (a) if the person is accused of an offence-by a warrant for the arrest or a copy of the warrant for arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the fugitive in respect of each offence; (b) if the person has been convicted of an offence-by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carried out; (c) if the person has been convicted of an offence but no sentence has been imposed-by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose a sentence; (d) in all cases by documents setting out the relevant provision of the statute, if any, creating the offence or a statement of the relevant law as to the offence including any law relating to the limitation of proceedings, as the case may be, and in either case a statement of the punishment that can be imposed for the offence; and (e) in all cases by information as to the nationality and residence of the person and by documents that establish that the person whose surrender is sought is the person accused or convicted of the extraditable offence. "3. To the extent permitted by the law of each Contracting Party extradition may be granted of a person sought pursuant to the provisions of this Treaty notwithstanding that the requirements of paragraph 2 of this Article have not been complied with provided that the person sought consents to an order for his extradition being made." Article 4 1. This Protocol shall enter into force thirty days after the Contracting Parties have notified each other that the constitutional requirements for the entry into force of this Protocol have been complied with. 2. This Protocol shall remain in force so long as the Treaty remains in force. IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol. DONE in duplicate at Helsinki on the tenth day of September One thousand nine hundred and eighty-five in the English and Finnish languages, both texts being equally authentic. For Australia For Finland LIONEL BOWEN CHRISTOFFER TAXELL - NOTES 1986 No. 32*1* EXTRADITION (FINLAND) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 21 March 1986. *2* Statutory Rules 1985 No. 163.