Commonwealth Numbered Regulations

1989 No. 108 EXTRADITION (SWEDEN) REGULATIONS (AMENDMENT) - REG 4

4. The Principal Regulations are amended by adding at the end the following
Schedule:
SCHEDULE 3
Regulation 4
PROTOCOL BETWEEN AUSTRALIA AND SWEDEN FURTHER AMENDING
THE TREATY CONCERNING EXTRADITION DONE AT STOCKHOLM ON
20 MARCH 1973 Australia and Sweden, desiring to further amend the Treaty
between Australia and Sweden concerning Extradition, done at Stockholm on 20
March 1973 and amended by Protocol done at Stockholm on 6 September 1985, have
agreed as follows:
Article 1 The text of Article V of the Treaty shall be replaced by the
following: "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 it to be
        incompatible with the requirements of humane treatment to surrender
        the person whose extradition is requested in view of his age or state
        of health or for any similar reason;

   (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; or

   (f)  in the case of a person convicted of an offence-

        (i)    the sentence imposed in the territory of the Requesting State
               for the <0 offence for which extradition is requested was less severe than a
 sentence of imprisonment or any other form of
               deprivation of liberty for a period of four months; or

        (ii)   the conviction is regarded by the Requested State as being
               unjustified."
Article 2 The text of Article IX of the Treaty shall be replaced by the
following: "1. If the Requested State considers that the 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 information be furnished within such time as it
specifies. 2. If the person whose extradition is requested is under arrest and
the additional information furnished is not sufficient or is not received
within the time specified, the person may be released from custody. 3. Where a
person is released from custody in accordance with paragraph 2 of this
Article, the Requested State shall notify the Requesting State accordingly."
Article 3 1. This Protocol shall enter into force 30 days after the date of
signature. 2. This Protocol shall remain in force so long as the Treaty
remains in force. IN WITNESS WHEREOF the undersigned, being duly authorized
thereto by their respective Governments, have signed this Protocol. DONE in
duplicate at Canberra on the eleventh day of May 1989 in the English and
Swedish languages, both texts being equally authentic.
FOR AUSTRALIA                                             FOR SWEDEN Lionel

Bowen                                              Hans Bjork