Commonwealth Numbered Regulations

1985 No. 163 EXTRADITION (FINLAND) REGULATIONS - SCHEDULE

SCHEDULE
Regulation 3
TREATY BETWEEN AUSTRALIA AND FINLAND CONCERNING EXTRADITION Finland and
Australia, DESIRING to make a new treaty for the reciprocal extradition of
persons charged with or convicted of offences, HAVE AGREED as follows:
ARTICLE 1 1. Each Contracting Party undertakes to extradite to the other
Contracting Party, subject to the provisions of this Treaty, any person found
in its territory who is charged by a competent authority with, or has been
convicted of, an offence against the law of the other Contracting Party,
whether committed within the territory of that Party or outside that territory
in the circumstances referred to in paragraph 3. 2. Extradition may be refused
for an offence committed within the territory of the requested State, but if
the offence has been committed within that territory by an officer or employee
of the requesting State who is a national of the requesting State, the
requested State shall, subject to its law, extradite the person sought unless
it considers it proper not to do so, in which event it shall submit the case
to its competent authorities for the purpose of prosecution. 3. Extradition
shall be granted in respect of an offence committed outside the territory of
the requesting State only where the law of the requested State provides for
the punishment of an offence committed outside its territory in similar
circumstances.
ARTICLE 2 1. Subject to the provisions of this Article, extradition shall be
granted only in respect of the following offences:
     (i)   Wilful murder; murder.

    (ii)   Manslaughter.

   (iii)   An offence against the law relating to genocide.

    (iv)   Aiding or abetting, or counselling or procuring the commission of,

suicide.
     (v)   Illegal abortion.

    (vi)   Maliciously or wilfully wounding or inflicting serious bodily
harm.
   (vii)   Assault causing actual bodily harm.

  (viii)   Assaulting a Magistrate, a police officer or a public officer.

    (ix)   Assault on board a ship or aircraft with intent to destroy life or

to cause grievous bodily harm.
     (x)   Rape.

    (xi)   Unlawful sexual intercourse with a female.

   (xii)   Indecent assault.

  (xiii)   An offence against the law relating to the suppression of the

traffic in persons and of the exploitation of the prostitution of
others.
   (xiv)   Bigamy.

    (xv)   Kidnapping; abduction; false imprisonment; dealing in slaves.

   (xvi)   Stealing, abandoning, exposing or unlawfully detaining a child.

  (xvii)   Bribery.

 (xviii)   Perjury; subornation of perjury; obstructing or defeating the

courseof justice.
   (xix)   Arson.

    (xx)   An offence relating to counterfeit currency.

   (xxi)   An offence against the law relating to forgery or uttering what is

forged.
  (xxii)   Embezzlement; fraudulent conversion; false accounting; obtaining

property, money, valuable securities or credit by false pretences
or other form ofdeception; receiving stolen property; any other
offence involving fraud.
 (xxiii)   Stealing; burglary; housebreaking; any similar offence.

  (xxiv)   Robbery.

   (xxv)   Blackmail or extortion by means of threats or by abuse of
authority.
  (xxvi)   An offence against the law relating to bankruptcy or insolvency.

 (xxvii)   An offence against the law relating to companies.

(xxviii)   Maliciously or wilfully damaging property.

  (xxix)   An act done with the intention of endangering the safety of
persons
travelling on a railway, vehicle, vessel or aircraft or of
endangering or damaging a railway, vehicle, vessel or aircraft.
   (xxx)   Piracy.

  (xxxi)   An unlawful act against the authority of the master of a vessel or

the commander of an aircraft.
 (xxxii)   Unlawful seizure, or unlawful exercise of control, of a vessel or

an aircraft, by force or threat of force or by any other form of
intimidation.
(xxxiii)   An unlawful act of any of the kinds specified in paragraph 1 of

Article 1 of the Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation.
 (xxxiv)   An offence against the law relating to dangerous drugs, narcotics

orpsychotropic substances.
  (xxxv)   Participating in the commission of, impeding the arrest or

prosecution of a person who has committed, or attempting or
conspiring to commit, an offence described in this paragraph.
 (xxxvi)   Any offence which would be described in this paragraph if the

description contained a reference to any intent or state of mind on
the part of the person committing the offence, or to any
circumstance of aggravation, necessary to constitute the offence. 2.
Extradition shall only be granted for an act or omission constituting an
offence referred to in paragraph 1 if:

   (a)  in the requesting State the offence is punishable by a maximum
        punishment that is not less severe than imprisonment or other
        deprivation of liberty for a period exceeding one year; and

   (b)  in the requested State the offence is, or if it had been committed
        there in similar circumstances would have been, punishable by a
        maximum punishment that is not less severe than imprisonment or other
        deprivation of liberty for a period exceeding one year.

3. Extradition shall also be granted in respect of any other offence that is,
according to the laws of both Contracting Parties, one for which extradition
may be granted. 4. Where a person has been convicted in his absence of an
offence referred to in paragraphs 1 or 3 and the conviction is not a final
conviction, 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 3 1. A person shall not be extradited if:

   (a)  the offence for which his extradition is requested is regarded by the
        requested State as an offence of a political character or as an
        offence connected with an offence of a political character; or

   (b)  the requested State has substantial grounds for believing that the
        request for extradition was made for the purpose of prosecuting or
        punishing the person by reason of his race, religion, nationality or
        political opinions or that his position may be prejudiced for any of
        these reasons.

2. An offence against the law relating to genocide shall not be regarded as an
offence of a political character or an offence connected with an offence of a
political character.
ARTICLE 4 1. Either Contracting Party may refuse to extradite its own
nationals. 2. If Australia requests the extradition of a person born in
Finland of Finnish nationality who, at the time of the request for
extradition, is a permanent resident of Finland and a national of Denmark,
Iceland, Norway or Sweden, Finland shall have the right to recommend that the
request for extradition be withdrawn, specifying the reasons therefor. 3. If
extradition is not granted in pursuance of paragraphs 1 or 2, the requested
State shall submit the case to its competent authorities for the purpose of
prosecution.
ARTICLE 5 1. Extradition may be refused where:

   (a)  the act or omission constituting the offence for which extradition is
        requested is of a kind that, under the law of the requested State,
        constitutes an offence against military law;

   (b)  the person whose extradition is requested is liable to be tried by a
        Court or Tribunal that is specially established for the purpose of
        trying his case or is only occasionally, or under exceptional
        circumstances, authorized to try such cases or his extradition is
        requested for the purpose of his serving a sentence imposed by such a
        Court or Tribunal;

   (c)  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 requested,
        the extradition of that person would be unjust, oppressive or
        incompatible with humanitarian considerations;

   (d)  the person whose extradition is requested has already been proceeded
        against in the territory of the requested State or in a third State
        for the act or omission constituting the offence for which extradition
        is requested;

   (e)  the person whose extradition is requested is exempt from prosecution
        or punishment by lapse of time according to the law of the requesting
        State or the requested State in respect of the act or omission
        constituting the offence for which extradition is requested;

   (f)  in the case of a person charged with an offence-the evidence of
        criminality would not, according to the law of the requested State,
        have justified his being placed on trial if the act or omission
        constituting the offence had been committed in the territory of the
        requested State; or

   (g)  in the case of a person convicted and sentenced in respect of an
        offence-less than four months of the sentence of imprisonment or any
        other form of deprivation of liberty imposed in the territory of the
        requesting State for the offence for which extradition is requested
        remains to be served.

2. If criminal proceedings are instituted in Finland against the person sought
for the offence for which his extradition is requested and the charge against
him is waived, Finland shall not be bound to extradite him for that offence
unless the executive authority of Finland determines, after due consideration
of the circumstances of the case, that the interests of justice would be
served thereby. In any event, the requesting State shall be afforded an
opportunity to supplement its request before final determination on the
request for extradition pursuant to this provision.
ARTICLE 6 If, under the law of the requesting State, a person whose
extradition is requested is liable to the death penalty for an offence for
which his extradition is requested or for any other offence for which he may
be detained or tried in accordance with Article 15, the requested State may
refuse the extradition of the person unless the requesting State undertakes
that the death penalty will not be imposed or, if imposed, will not be carried
out.
ARTICLE 7 1. A request for the extradition of a person shall be in writing. 2.
The request shall be accompanied:

   (a)  by a duly authenticated warrant for his arrest;

   (b)  if the person is charged with an offence-by such duly authenticated
        documents as, according to the law in force in the part of the
        territory of the requested State in which he is found, would justify
        his arrest and trial if the act or omission constituting the offence
        had taken place in that part of that territory;

   (c)  if the person has been convicted of an offence-by such duly
        authenticated documents as prove the conviction and the sentence
        imposed, the evidence that the sentence is immediately enforceable,
        and a statement showing the extent to which the sentence has not been
        carried out;

   (d)  if the person has been convicted of an offence but no sentence has
        been imposed-by such duly authenticated documents as prove the
        conviction and a statement showing the reasons why no sentence has
        been imposed;

   (e)  by information about the date, place and other details of the offence
        for which extradition is requested to the extent to which that
        information is not contained in the documents referred to in the
        previous sub-paragraphs;

   (f)  by a copy of the relevant provision of the statute, if any, creating
        the offence or a statement of the relevant law as to the offence, as
        the case may be, and in either case a statement of the punishment that
        can be imposed for the offence; and

   (g)  by information as to the nationality and residence of the person and
        such duly authenticated documents as are available and necessary for
        his identification.

ARTICLE 8 1. A document that, in accordance with Article 7, accompanies a
request for extradition shall be admitted in evidence, if duly authenticated,
in any extradition proceedings in the territory of the requested State. 2. A
document is duly authenticated for the purposes of this Treaty if:

   (a)  in the case of a warrant it is signed, and in any other case its
        authenticity is certified, by a Judge, Magistrate or other competent
        authority in the requesting State; and

   (b)  it is sealed with the official seal of a Minister of State or a
        Ministry of the requesting State.

ARTICLE 9 1. If the requested State considers that the evidence or information
furnished in support of the request for the extradition of a person is not
sufficient to fulfil the requirements of its law with respect to extradition,
that State may request that additional evidence or information be furnished
within such time as it specifies. 2. If the person whose extradition is
requested is under arrest and the additional evidence or information furnished
is not sufficient or is not received within the time specified, the person may
be released from custody but such release shall not preclude the requesting
State from making a fresh request for the extradition of the person. 3. Where
a person is released from custody in accordance with paragraph 2, the
requested State shall notify the requesting State accordingly.
ARTICLE 10 1. Where requests are received from the requesting State and from
one or more other States for the extradition of the one person, the requested
State shall determine to which of those States the person is to be extradited
and shall notify the requesting State of its decision. 2. In determining to
which State a person is to be extradited, the requested State shall have
regard to all the 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;

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

   (f)  the possibility of subsequent extradition to another State.
ARTICLE 11 The requested State may postpone the extradition of a person in
order to proceed against him, or so that he may serve a sentence for an
offence other than an offence constituted by an act or omission for which his
extradition is requested and, where the requested State so postpones the
extradition of a person, it shall advise the requesting State accordingly.
ARTICLE 12 Where the act or omission for which extradition is granted is of a
kind that, under the law of the requested State, constitutes both an offence
against military law and another offence against the law of that State, the
extradited person shall not be proceeded against for the offence against
military law.
ARTICLE 13 1. Where extradition of a person for an offence is granted, the
person shall be removed from the territory of the requested State from a point
of departure in the territory of that State convenient to the requesting
State. 2. The requesting State shall remove the person from the territory of
the requested State within such reasonable period as the last-mentioned State
specifies and, if the person is not removed within that period, the requested
State may refuse to extradite him for the same offence. 3. Australia is not
required to extradite a person before the expiration of fifteen days after:

   (a)  the date on which he has been held judicially to be liable to
        extradition; or

   (b)  if proceedings for a writ of habeas corpus have been brought-the final
        decision of the competent court has been given.

ARTICLE 14 1. To the extent that the law of the requested State permits, any
property that may be material as evidence in proving the offence for which the
extradition of a person is requested or that has been acquired by the person
directly or indirectly as a result of the offence shall, if the requesting
State so requests, be delivered up with the person on his surrender. 2. Any
property so delivered up shall be returned to the requested State free of
charge after trial of the person surrendered if that State so requests. 3.
This Article shall not be applied so as to prejudice the rights of any person
in respect of any property.
ARTICLE 15 1. Subject to paragraph 3, a person extradited under this Treaty
shall not:

   (a)  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-

        (i)    an offence for which he was extradited or any other offence to
               which Article 2 applies of which he could be convicted upon
               proof of the facts upon which the request for his extradition
               was based; or

        (ii)   any other offence to which Article 2 applies in respect of
               which the requested State consents to his being so detained,
               tried or subjected to a restriction of his personal liberty; or

   (b)  be detained in the requesting State for the purpose of his being
        extradited to a third State unless the requested State consents to his
        being so detained.

2. A request for the consent of the requested State under this Article shall
be accompanied by such information and documents as are required by that
State. 3. Paragraph 1 does not apply if the person has had an opportunity,
throughout a period of forty-five days after the completion of legal
proceedings, and the serving of any sentence that may have been imposed upon
him, for an offence referred to in sub-paragraph 1 (a) to leave the requesting
State or if he has returned to that State after having left it.
ARTICLE 16 If extradition is refused, or is refused in respect of one or more
of the offences for which extradition was requested, the requested State shall
inform the requesting State as soon as possible of the refusal and of the
reasons for the refusal.
ARTICLE 17 1. In case of urgency the requesting State may apply for the
provisional arrest of a person pending the making of a request for the
extradition of the person. 2. The application shall be accompanied by:

   (a)  a statement of intention to request the extradition of the person;

   (b)  a statement that a warrant for the arrest of the person for the
        alleged commission of an offence for which his extradition may be
        requested under this Treaty has been issued by a competent authority
        in the requesting State or that the person has been convicted of such
        an offence in the territory of the requesting State; and

   (c)  such further information, if any, as would, according to the law in
        force in the part of the territory of the requested State in which the
        person is, or is suspected of being, justify the arrest of the person
        without the issue of a warrant, or justify the issue of a warrant for
        the arrest of the person, if the act or omission constituting the
        offence had taken place in similar circumstances in that part of that
        territory.

3. If a request for the extradition of a person who has been arrested upon
such an application is not made in accordance with this Treaty within a
reasonable time after the arrest of the person, the person may be set at
liberty, but nothing in this paragraph prevents the institution of further
proceedings for the purpose of securing the extradition of the person if such
a request is subsequently made.
ARTICLE 18 1. Where a person is to be extradited for an offence by a third
State to a Contracting Party through the territory of the other Contracting
Party, the first-mentioned Contracting Party shall request the other
Contracting Party to permit the transit of that person through its territory.
2. Upon receipt of such a request the other Contracting Party 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 includes permission for
the person to be held in custody during transit by a person nominated by the
Contracting Party to which the first-mentioned person is to be extradited. 4.
Where a person is being held in custody pursuant to paragraph 3, the
Contracting Party in whose territory the person is being held may direct that
the person be released if his transportation is not continued within a
reasonable time. 5. The Contracting Party to which the person is being
extradited shall reimburse the other Contracting Party for any expense
incurred by that other Contracting Party in connection with the transit.
ARTICLE 19 1. Communications between the Contracting Parties shall be conveyed
through the diplomatic channel. 2. An application under Article 17 may also be
made by means of the facilities of the International Criminal Police
Organization.
ARTICLE 20 A Contracting Party which sends to the other Contracting Party a
document in accordance with this Treaty that is not in the language of the
other Contracting Party shall provide, as soon thereafter as is practicable, a
translation of the document into that language.
ARTICLE 21 1. The requested State shall make all necessary arrangements for
and meet the cost of the representation of the requesting State in any
proceedings arising out of a request for extradition and shall otherwise
represent the interests of the requesting State. 2. The requested State shall
bear the expenses incurred in its territory in the arrest of the person whose
extradition is requested, in any legal proceedings relating to the extradition
of the person 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 22 1. For the purposes of this Treaty, the territory of a Contracting
Party means all the territory under the jurisdiction of that Party including
the airspace over, and the territorial sea of, any such territory and any
vessel or aircraft owned by that Party or registered in any such territory if
any such vessel is on the high seas or any such aircraft is in flight when
the act or omission constituting the offence for which extradition is
requested takes place. 2. For the purposes of this Treaty, the territory under
the jurisdiction of Australia includes the Territories for the international
relations of which Australia is responsible. 3. For the purposes of this
Treaty, an aircraft shall be considered to be in flight at any time from the
moment when all its external doors are closed following embarkation until the
moment when any such door is opened for disembarkation.
ARTICLE 23 1. This Treaty is subject to ratification and the instruments of
ratification shall be exchanged in Canberra as soon as possible. 2. This
Treaty shall enter into force ninety days after the exchange of instruments of
ratification. 3. On the entry into force of this Treaty the provisions of the
Treaty for the mutual surrender of fugitive criminals, signed at London on May
30, 1924 (in this Article referred to as 'the Treaty of 1924') shall cease to
have effect between Australia and Finland. 4. This Treaty shall apply to an
offence committed before its entry into force if the offence would have
constituted an offence under the Treaty of 1924 and is an offence referred to
in paragraphs 1 or 3 of Article 2. 5. Either Contracting Party may terminate
this Treaty by notice in writing at any time and it shall cease to be in force
on the one hundred and eightieth day after the day on which notice is given.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed this Treaty. DONE in duplicate in the
English and Finnish languages, each text being equally authentic, at Helsinki
on the seventh day of June 1984.
MATTI  TUOVINEN                                                 M.  R.
McGOVERN
 For Finland                                                      For
Australia