EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT) 1987 NO. 3 EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT) 1987 NO. 3 - TABLE OF PROVISIONS 1. Principal Regulations 2. Commencement 3. Application of Act 4. Schedule 5. New Schedule SCHEDULE 2 1987 No. 3 EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT) - REG 1 Principal Regulations 1. In these Regulations, "Principal Regulations" means the Extradition (Republic of Austria) Regulations. 1987 No. 3 EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT) - REG 2 Commencement 2. These Regulations shall come into operation on 1 February 1987. 1987 No. 3 EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT) - REG 3 Application of Act 3. 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 amending that Treaty done at Vienna on 13 August 1985 (being the protocol a copy of the English text of which is set out in Schedule 2)". 1987 No. 3 EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT) - REG 4 Schedule 4. The Schedule to the Principal Regulations is amended by omitting "SCHEDULE" and substituting "SCHEDULE 1". 1987 No. 3 EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT) - REG 5 New Schedule 5. The Principal Regulations are amended by adding at the end the following Schedule: 1987 No. 3 EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT) - SCHEDULE 2 SCHEDULE 2 Regulation 3 PROTOCOL between Australia and the Republic of Austria amending the Treaty concerning Extradition done at Canberra on 29 March 1973 Australia and the Republic of Austria DESIRING to amend the Treaty between the Commonwealth of Australia and the Republic of Austria concerning Extradition, done at Canberra on 29 March 1973, HAVE AGREED as follows: ARTICLE 1 The text of Article 1 of the Treaty shall be replaced by the following: "ARTICLE 1 Each Contracting Party 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 one or more of the offences referred to in Article 3." ARTICLE 2 The text of Article 3 of the Treaty shall be replaced by the following: "ARTICLE 3 (1) For the purposes of this Treaty, offences for which extradition may be granted are offences however described which are 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 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 the period of deprivation of liberty which remains to be served is at least four months, or, in the case of more than one such period, the aggregate of such periods is at least four months. (2) If extradition is granted for an offence described in paragraph 1 of this Article, extradition may, insofar as the law of the requested State allows, also be granted for other offences which, by reason of the penalty prescribed or the period of deprivation of liberty imposed and remaining to be served, would not otherwise be extraditable pursuant to this Treaty. (3) For the purpose of this Article - (a) 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; (b) in determining whether an offence is an offence for which extradition may be granted, the totality of the acts or omissions alleged against the person whose surrender is sought, shall be taken into account and it shall not matter whether, under the laws of both Contracting Parties, the offence comprises the same elements. (4) Where the offence has been committed outside the territory of the requesting State extradition shall be granted where the law of the requested State provides for the exercise of jurisdiction over an offence committed outside its territory in similar circumstances. Where the law of the requested State does not so provide the requested State may, in its discretion, grant extradition. (5) 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." ARTICLE 3 The text of Article 4, paragraph (1), sub-paragraph (b), shall be replaced by the following: "(b) he has acquired exemption from prosecution or punishment by lapse of time or other lawful cause in respect of the act or omission constituting the offence for which extradition is requested; for the purposes of this sub-paragraph the statutory provisions of the requesting State alone shall be relevant;". ARTICLE 4 The text of Article 11 of the Treaty shall be replaced by the following: "ARTICLE 11 (1) A request for extradition shall be made in writing. All documents furnished 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 or has been convicted in his absence 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 as accurate a description as possible of the person sought together with any other information which will help to establish the person's identity and nationality. (3) Extradition may be granted of a person sought pursuant to the provisions of this Treaty, notwithstanding that the requirements of Paragraphs 1 and 2 of this Article have not been complied with provided that the person sought consents to - NOTES 1987 No. 3*1* EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 30 January 1987. *2*Statutory Rules 1975 No. 103 as amended by 1983 No. 165; 1985 No. 56.