Commonwealth Numbered Regulations

1997 No. 60 EXTRADITION (REPUBLIC OF HUNGARY) REGULATIONS - SCHEDULE 1

                        SCHEDULE                       Regulation 4

TREATY ON EXTRADITION BETWEEN AUSTRALIA
AND THE REPUBLIC OF HUNGARY

Australia and the Republic of Hungary DESIRING to make more effective the
co-operation of the two countries in the suppresion of crime by concluding a
treaty on extradition, HAVE AGREED as follows:
ARTICLE 1
OBLIGATION TO EXTRADITE The Contracting States undertake to extradite to each
other, subject to the provisions of this Treaty, any person found in the
territory of one of the Contracting States who is wanted for prosecution by a
competent authority for, or has been convicted of, an extraditable offence
against the law of the other Contracting State.
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 purpose 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 place
        the acts or omissions constituting the offence within the same
        category of offence or denominate the offence by the same terminology;

   (b)  the totality of the acts or omissions alleged against the person whose
        extradition is sought shall be taken into account and it shall not
        matter whether, under the laws of the Contracting States, the
        constituent elements of the offence differ. 3. Where extradition of a
        person is sought for an offence against a law relating to taxation,
        customs duties, foreign exchange control or 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. 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
        punishment of 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
EXCEPTIONS TO EXTRADITION 1. Extradition shall not be granted in any of the
following circumstances:

   (a)  if the offence for which extradition is sought is a political offence.
        Reference to a political offence shall not include:

        (i)    an offence constituted by taking or endangering, attempting to
               take or endanger or participating in the taking or endangering
               of, the life of a person, being an offence committed in
               circumstances in which such conduct creates a collective
               danger, whether direct or indirect, to the lives of other
               persons;

        (ii)   any offence in respect of which the Contracting States have
               assumed or will assume an obligation pursuant to an
               international agreement to which they are both Parties, to
               submit the case to their competent authorities for a decision
               as to prosecution if extradition is not granted; or

        (iii)  an offence against the law relating to genocide;

   (b)  if there are substantial grounds for believing that a request for
        extradition for an ordinary criminal offence has been made for the
        purpose of prosecuting or punishing a person on account of that
        person's race, religion, nationality or political opinion or that that
        person's position may be prejudiced for any of those reasons;

   (c)  if the offence for which extradition is sought is an offence under
        military law, which is not an offence under the ordinary criminal law
        of the Contracting States;

   (d)  if final judgement has been passed in the Requested State or in a
        third state in respect of the offence for which the person's
        extradition is sought;

   (e)  if the person whose extradition is sought has, according to the law of
        either Contracting State, become immune from prosecution or punishment
        by reason of lapse of time; or

   (f)  if the person, on being extradited to the Requesting State, would be
        liable to be tried or sentenced in that State, by a court or tribunal:

        (i)    that has been specially established for the purpose of trying
               the person's case; or

        (ii)   that is only occasionally, or under exceptional circumstances,
               authorised to try persons accused of the offence for which
               extradition is sought. 2. Extradition may be refused in any of
               the following circumstances:

   (a)  if the person whose extradition is sought is a national of the
        Requested State. Where the Requested State refuses to extradite a
        national of that State it shall, if the other State so requests and
        the laws of the Requested State allow, submit the case to the
        competent authorities in order that proceedings for the prosecution of
        the person in respect of all or any of the offences for which
        extradition has been sought may be taken;

   (b)  if the competent authorities of the Requested State have decided to
        refrain from prosecuting the person for the offence in respect of
        which extradition is sought;

   (c)  if the offence with which the person sought is accused or convicted,
        or any other offence for which that person may be detained or tried in
        accordance with this Treaty, carries the death penalty under the law
        of the Requesting State unless that State undertakes that the death
        penalty will not be imposed or, if imposed, will not be carried out;

   (d)  if the offence for which extradition is sought is regarded under the
        law of the Requested State as having been committed in whole or in
        part within that State;

   (e)  if a prosecution in respect of the offence for which extradition is
        sought is pending in the Requested State against the person whose
        extradition is sought;

   (f)  if the Requested State, while also taking into account the nature of
        the offence and the interests of the Requesting State, considers that,
        in the circumstances of the case, including the age, health or other
        personal circumstances of the person whose extradition is sought, the
        extradition of that person would be unjust, oppressive, incompatible
        with humanitarian considerations or too severe a punishment. 3. This
        Article shall not affect any obligations which have been or shall in
        the future be assumed by the Contracting States under any multilateral
        Convention.
ARTICLE 4
POSTPONEMENT OF EXTRADITION The Requested State may postpone the extradition
of a person in order to proceed against that person, or so that that person
may serve a sentence, for an offence other than an offence constituted by an
act or omission for which extradition is sought. In such case the Requested
State shall advise the Requesting State accordingly.
ARTICLE 5
EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS 1. A request for extradition
shall be made in writing and shall be communicated through the diplomatic
channel. All documents submitted in support of a request for extradition shall
be authenticated in accordance with Article 6. 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 person is respect of each
        offence;

   (b)  if a person has been convicted in his absence of an offence, by a
        judicial or other document, or a copy thereof, authorising the
        apprehension 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 person in respect of each offence;

   (c)  if the person has been convicted of an offence otherwise than in that
        person's absence, 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;

   (d)  if the person has been convicted of an offence otherwise than in that
        person's absence 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;

   (e)  in all cases, by the text of the relevant provision of the law, 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

   (f)  in all cases, by as accurate a description as possible of the person
        sought together with any other information which may help to establish
        that person's identity and nationality. 3. To the extent permitted by
        the law of the Requested State, extradition may be granted of a person
        pursuant to the provisions of this Treaty notwithstanding that the
        requirements of paragraph 1 and paragraph 2 have not been complied
        with provided that the person claimed consents to an order for
        extradition being made. 4. The documents submitted in support of a
        request for extradition shall be accompanied by a translation into the
        language of the Requested State.
ARTICLE 6
AUTHENTICATION OF SUPPORTING DOCUMENTS 1. A document that, in accordance with
Article 5, accompanies a request for extradition shall be admitted in
evidence, if authenticated, in any extradition proceedings in the territory of
the Requested State. 2. A document is authenticated for the purposes of this
Treaty if:

   (a)  it purports to be signed or certified by a Judge, Magistrate or other
        officer in or of the Requesting State; and

   (b)  it purports to be sealed with an official or public seal of the
        Requesting State or of a minister of state, or of a Department or
        officer of the Government of the Requesting State.
ARTICLE 7
ADDITIONAL INFORMATION 1. If the Requested State considers that the
information furnished in support of a request for extradition is not
sufficient in accordance with this Treaty to enable extradition to be granted
that State may request that additional information be furnished within such
time as it specifies. 2. If the person whose extradition is sought is under
arrest and the additional information furnished is not sufficient in
accordance with this Treaty or is not received within the time specified, the
person may be released from custody. Such release shall not preclude the
Requesting State from making a fresh request for the extradition of the
person. 3. Where the person is released from custody in accordance with
paragraph 2, the Requested State shall notify the Requesting State as soon as
practicable.
ARTICLE 8
PROVISIONAL ARREST 1. In case of urgency a Contracting State may apply by
means of the facilities of the International Criminal Police Organisation
(Interpol) or otherwise for the provisional arrest of the person sought
pending the presentation of the request for extradition through the diplomatic
channel. The application may be transmitted by post or telegraph or by any
other means affording a record in writing. 2. The application shall contain a
description of the person sought, a statement that extradition is to be
requested through the diplomatic channel, a statement of the existence of one
of the documents mentioned in paragraph 2 of Article 5 authorising the
apprehension of the person, a statement of the punishment that can be, or has
been imposed for the offence and, if requested by the Requested State, a
concise statement of the acts or omissions alleged to constitute the offence.
3. On receipt of such an application the Requested State shall take the
necessary steps to secure the arrest of the person claimed and the Requesting
State shall be promptly notified of the result of its request. 4. A person
arrested upon such an application may be set at liberty upon the expiration of
60 days from the date of that person's arrest if a request for extradition,
supported by the documents specified in Article 5, has not been received. 5.
The release of a person pursuant to paragraph 4 shall not prevent the
institution of proceedings with a view to extraditing the person sought if the
request is subsequently received.
ARTICLE 9
CONFLICTING REQUESTS 1. Where requests are received from two or more States
for the extradition of the same person, the Requested State shall determine to
which of those States the ppperson is to be extradited and shall notify the
Requesting States of its decision. 2. In determining to which State a person
is to be extradited, the Requested State shall have regard to all relevant
circumstances and, in particular, to:

   (a)  if the requests relate to different offences, the relative seriousness
        of the offences;

   (b)  the time and place of commission of each offence;

   (c)  the respective dates of the requests;

   (d)  the nationality of the person; and

   (e)  the ordinary place of residence of the person.
ARTICLE 10
SURRENDER 1. The Requested State shall, as soon as a decision on the request
for extradition has been made, communicate that decision to the Requesting
State through the diplomatic channel. 2. Where extradition is granted, the
Requested State shall surrender the person from a point of departure in its
territory convenient to the Requesting State. 3. The Requesting State shall
remove the person from the territory of the Requested State within such
reasonable period as the Requested State specifies and, if the person is not
removed within that period, the Requested State may refuse to extradite that
person for the same offence. 4. If circumstances beyond its control prevent a
Contracting State from surrendering or removing the person to be extradited it
shall notify the other Contracting State. The two Contracting States shall
mutually decide upon a new date of surrender, and the provisions of paragraph
3 shall apply.
ARTICLE 11
SURRENDER OF PROPERTY 1. To the extent permitted under the law of the
Requested State and subject to the rights of third parties, which shall be
duly respected, all property found in the Requested State that has been
acquired as a result of the offence or may be required as evidence shall, if
the Requesting State so requests, be surrendered if extradition is granted. 2.
Subject to paragraph 1, the above mentioned property shall, if the Requesting
State so requests, be surrendered to the Requesting State even if the
extradition, having been consented to, cannot be carried out, owing to the
death or escape of the person sought. 3. Where the law of the Requested State
or the rights of third parties so require, any property so surrendered shall
be returned to the Requested State free of charge if that State so requests.
ARTICLE 12
RULE OF SPECIALITY 1. Subject to paragraph 3, a person extradited under this
Treaty shall not be detained or tried, or be subjected to any other
restriction of his personal liberty, in the territory of the Requesting State
for any offence committed before his extradition other than:

   (a)  an offence for which extradition was granted or any other extraditable
        offence of which the person could be convicted upon proof of the facts
        upon which the request for extradition was based, provided that that
        offence does not carry a penalty which is more severe than that which
        could be imposed for the offence for which extradition was granted; or

   (b)  any other extraditable offence is respect of which the Requested State
        consents. 2. A request for the consent of the Requested State under
        this Article shall be accompanied by the documents mentioned in
        Article 5. 3. Paragraph 1 does not apply if the person has had an
        opportunity to leave the Requesting State and has not done so within
        45 days of final discharge in respect of the offence for which that
        person was extradited or if the person has returned to the territory
        of the Requesting State after leaving it.
ARTICLE 13
SURRENDER TO A THIRD STATE 1. Where a person has been surrendered to the
Requesting State by the Requested State, the first-mentioned State shall not
surrender that person to any third state for an offence committed before that
person's surrender unless:

   (a)  the Requested State consents to that surrender; or

   (b)  the person has had an opportunity to leave the Requesting State and
        has not done so within 45 days of final discharge in respect of the
        offence for which that person was surrendered by the Requested State
        or has returned to the territory of the Requesting State after leaving
        it. 2. Before acceding to a request pursuant to sub-paragraph 1(a),
        the Requested State may request the production of the documents
        mentioned in Article 5.
ARTICLE 14
TRANSIT 1. Where a person is to be extradited to a Contracting State from a
third state through the territory of the other Contracting State, the
Contracting State to which the person is to be extradited shall request the
other Contracting State to permit the transit of that person through its
territory. 2. Upon receipt of such a request the Requested Contracting State
shall grant the request unless it is satisfied that there are reasonable
grounds for refusing to do so. 3. Permission for the transit of a person
shall, subject to the law of the Requested Contracting State, include
permission for the person to be held in custody during transit. 4. Where a
person is being held in custody pursuant to paragraph 3, the Contracting State
in whose territory the person is being held may direct that the person be
released if transportation is not continued within a reasonable time. 5. The
Contracting State to which the person is being extradited shall reimburse the
other Contracting State for any expense incurred by that other Contracting
State in connection with the transit.
ARTICLE 15
EXPENSES 1. The Requested State shall make all necessary arrangements for and
meet the cost of any proceedings arising out of a request for extradition and
shall otherwise represent the interest of the Requesting State. 2. The
Requested State shall bear the expenses incurred in its territory in the
arrest and detention of the person whose extradition is sought until that
person is surrendered to a person nominated by the Requesting State. 3. The
Requesting State shall bear the expenses incurred in conveying the person from
the territory of the Requested State.
ARTICLE 16
ENTRY INTO FORCE AND TERMINATION 1. This Treaty shall enter into force thirty
days after the date on which the Contracting States have notified each other
in writing that their respective constitutional requirements for the entry
into force of this Treaty have been complied with. 2. On the entry into force
of the present Treaty the Treaty for the Mutual Surrender of Fugitive
Criminals concluded between the United Kingdom and Hungary on the 3rd
December, 1873 as amended shall cease to be in force between Australia and the
Republic of Hungary. 3. This Treaty shall apply to requests made after its
entry into force irrespective of whether the offence was committed or the
conviction had taken place before or after the entry into force of this
Treaty. 4. Either Contracting State may terminate this Treaty at any time by
giving six months notice in writing to the other through the diplomatic
channel.



IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their
respective Governments have signed this Treaty. DONE in duplicate at Budapest,
on the twenty-fifth day of October, One thousand nine hundred and ninety five
in English and Hungarian, both texts being equally authentic.
For Australia:                         For THE Republic 

of HUNGARY:
Donald Kingsmill                       Vastagh Pal