Commonwealth Numbered Regulations

1986 No. 32 EXTRADITION (FINLAND) REGULATIONS (AMENDMENT) - REG 4

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