Commonwealth Numbered Regulations

EXTRADITION (REPUBLIC OF PARAGUAY) REGULATIONS 1998 1998 No. 362 - SCHEDULE 1

Schedule 1 Treaty on Extradition between Australia and the Republic of
Paraguay
(regulation 4) TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE REPUBLIC OF
PARAGUAY

AUSTRALIA AND THE REPUBLIC OF PARAGUAY, (hereinafter called the "Contracting
States")

DESIRING to make more effective the co-operation of the two countries in the
suppression of crime by concluding a Treaty on Extradition of persons wanted
for prosecution or persons wanted for the imposition or enforcement of a
sentence imposed by the Requesting State for the commission of crimes,

HAVE AGREED as follows:

Article 1 Obligation to extradite

Each Contracting State agrees to extradite to the other, in accordance with
the provisions of this Treaty, any persons who are wanted for prosecution or
for the imposition or enforcement of a sentence in the Requesting State for an
extraditable offence.

Article 2 Extraditable offences

1. For the purposes of this Treaty, extraditable offences are offences which
are punishable under the laws of both Contracting States by imprisonment for a
period of at least two years. 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 a
punishable offence according to the laws 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 described as an offence under the law of the Requesting State
        at the time of the acts or omissions constituting the offence; and

   (b)  it was an offence in both Contracting States at the time the request
        for extradition was made.

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,
        or is related to such an offence. Reference to a political offence
        shall not include the taking or attempted taking of the life of a Head
        of State or a member of his or her family nor 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
        exclusively under military law, which is not punishable under the
        ordinary criminal law of the Contracting States. If the requested
        person is accused of an offence against military law which is also
        punishable under ordinary law, the extradition shall be granted with
        the proviso that the accused person shall be tried only under ordinary
        law and by ordinary courts;

   (d)  if the person whose extradition is sought is undergoing prosecution,
        or has been tried and acquitted or punished by the Requested State or
        by a third state for the offence for commission of which the
        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 pardon, amnesty or subsequent, more favourable laws;

   (f)  if the person whose extradition is sought has been tried or sentenced
        or is to be tried by an extraordinary or ad hoc tribunal or court of
        the Requesting State; or

   (g)  if the proceedings or punishment have become barred by reason of lapse
        of time according to the laws of either Contracting State, prior to
        the request for extradition.

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 it shall, if the Requesting 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.

Nationality shall be determined at the time of the commission of the offence
for which extradition is requested;

   (b)  if the competent authorities of the Requested State had decided,
        before the request for extradition was received, to refrain from
        prosecuting the person for the offence in respect of which extradition
        is sought;

   (c)  if the offence for which extradition is sought carries the death
        penalty under the law of the Requesting State unless that State
        conveys, through the diplomatic channel, its assurance that the death
        penalty will not be imposed upon the requested person 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 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 offence in respect of which extradition is requested is an
        offence which carries a punishment of the kind referred to in Article
        7 of the International Covenant on Civil and Political Rights (adopted
        by the United Nations General Assembly on 16 December 1966);

   (g)  if the Requested State, while also taking into account the nature of
        the offence and the interests of the Requesting State, considers that
        by reason of 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; or

   (h)  if the person whose extradition is sought has not received or may not
        receive from the Requesting State the basic guarantees required for
        criminal proceedings under Article 14 of the International Covenant on
        Civil and Political Rights.

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

1. When the person whose extradition is sought is being, or will be,
prosecuted, or is serving a sentence in the Requested State for an offence
other than that for which extradition is sought, the Requested State may
postpone surrender of the person until that person is available to be
surrendered in accordance with the law of that State.

2. When the health or other personal circumstances of the person are such as
would make surrender dangerous to the life of the person or incompatible with
humanitarian considerations, the Requested State may postpone surrender until
it no longer poses a danger to life or is incompatible with humanitarian
considerations.

3. Where the Requested State postpones the surrender of a person sought
pursuant to this Article, it 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 sought has been convicted of an offence, by such
        documents as provide evidence of the conviction and of the sentence
        imposed, the fact that the sentence is immediately enforceable, and
        the extent to which the sentence has not been carried out;

   (b)  if the person sought 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;

   (c)  if the person sought has not yet been convicted, by a warrant for the
        arrest of the person or a legal document authorising that the person
        sought be taken into custody, or a copy thereof, issued by a competent
        authority of the Requesting State;

   (d)  in all cases, by the legal description of each offence for which
        extradition is sought, a statement of the acts or omissions which are
        alleged against the person in respect of each offence, the text of the
        relevant provisions 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, and 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 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 of this
Article have not been complied with provided that the person sought consents
to extradition.

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 provided that it is duly
authenticated.

2. A document is duly authenticated for the purposes of this Treaty if it
purports to be signed or certified by a competent Judge, Magistrate or other
judicial officer in or of the Requesting State and purports to be sealed with
an official or public seal of the Requesting State.

Article 7 Provisional arrest

1. In case of urgency the Requesting State may apply by means of the
facilities of the International Criminal Police Organisation (INTERPOL), or
through the diplomatic channel, for the provisional arrest of the person
sought pending the presentation of the request for extradition. The
application for provisional arrest may be transmitted by any 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 imposed or has been imposed for the offence, indicating
any term still to be served 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. The Contracting
States shall indemnify each other in respect of any damages judicially awarded
as a result of a person being provisionally arrested without just cause.

4. A person arrested upon such an application may be set at liberty upon the
expiration of 60 days from the date of his arrest if a request for his
extradition, supported by the documents specified in Article 5 and conveyed
through the diplomatic channel, has not been received.

5. The release of a person pursuant to paragraph 4 of this Article shall not
prevent the institution of proceedings with a view to extraditing the person
sought if the request and the relevant supporting documents are subsequently
received.

Article 8 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 45 days.

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
discharged. Such discharge shall not preclude the Requesting State from making
a fresh request for the extradition of the person.

3. Where the person is discharged in accordance with paragraph 2 of this
Article, the Requested State shall notify the Requesting State forthwith.

Article 9 Conflicting requests

1. Where requests are received from two or more States for the extradition of
the same person, in relation to the same offence or to different offences, the
Requested State shall determine to which of those States the person 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 Ñ 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;

   (e)  the ordinary place of residence of the person; and

   (f)  the existence of a treaty on extradition.

Article 10 Surrender

1. The Requested State shall, as soon as a decision on the request for
extradition has been made in accordance with the law of that State,
communicate that decision to the Requesting State through the diplomatic
channel. Reasons shall be given for any total or partial refusal.

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 45 days from the date on which the person was placed at
the disposal of the Requesting State and, if the person is not removed within
that period, the Requested State may refuse to extradite the 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 of this Article 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 of this Article, the abovementioned property shall,
if the Requesting State so requests, be surrendered to the Requesting State
even if the extradition 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 articles so surrendered shall be returned to the Requested State
free of charge if that State so requests.

Article 12 Rule of speciality

A person extradited under this Treaty shall not be detained, tried or punished
in the territory of the Requesting State for an offence committed prior to the
date of the request for extradition, other than the offence for which
extradition was granted, unless:

   (a)  that person leaves the territory of the Requesting State after
        extradition and voluntarily returns to it;

   (b)  that person does not leave the territory of the Requesting State
        within 30 days of being free to do so; or

   (c)  the Requested State so consents. In such case, a request for consent
        shall be submitted, attaching the documents mentioned in Article 5 and
        a record of any statement made by the person extradited in relation to
        the offence in question. Consent may be given where the offence in
        respect of which it is requested is extraditable in accordance with
        the provisions of this Treaty.

This Article shall not apply to offences committed after the extradition.

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 his surrender unless:

   (a)  the Requested State consents to that surrender;

   (b)  the person leaves the territory of the Requesting State after
        extradition and voluntarily returns to it; or

   (c)  the person does not leave the territory of the Requesting State within
        30 days of being free to do so.

2. Before acceding to a request pursuant to sub-paragraph (1)(a) of this
Article, the Requested State may request the production of the documents
mentioned in Article 5 of this Treaty.

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, through the diplomatic channel, to permit the transit of
that person through its territory. Such request shall be accompanied with the
document authorising the extradition or copy thereof.

2. Upon receipt of such a request the Requested Contracting State shall permit
the transit, unless it is satisfied that there are reasonable grounds for
refusing to do so, or reasons of public order that are opposed to such
transit.

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 the provisions of
paragraph 3 of this Article, the Contracting State in whose territory the
person is being held may direct that the person be released if his
transportation is not continued within 20 days or within such further period
as is considered reasonable by that Contracting State in all the circumstances
of the case.

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 the arrest of the
person whose extradition is sought, and in the maintenance in custody of the
person until he 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
requirements for the entry into force of this Treaty have been complied with.

2. This Treaty shall apply to any request made after its entry into force,
whatever the date of the commission of the offence.

3. On the entry into force of this Treaty, the Treaty between Great Britain
and Paraguay for the Extradition of Criminals done at Asunci—n on 12 September
1908, shall cease to be in force between Australia and Paraguay.

4. Either Contracting State may terminate this Treaty by notifying the other
in writing. Such termination shall enter into force six months after the day
on which the other Contracting State receives such notice.

DONE at Buenos Aires on the Thirtieth day of December, One Thousand Nine
Hundred and Ninety-Seven in English and Spanish, each text being equally
authentic.



FOR AUSTRALIA: FOR THE REPUBLIC OF PARAGUAY: W. Weemaes Oscar Facundo Ynsfran