S.I. No. 392/2019 - Extradition (Australia) Order 2019

1. This Treaty shall enter into force thirty days after the date on which the Contracting Parties have notified each other in writing that their respective requirements for the entry into force of this Treaty have been complied with.

2. Either Contracting Party may terminate this Treaty by notice in writing at any time and it shall cease to be in force six months after date of receipt of such notice.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Treaty.

DONE in duplicate at Dublin on the second day of September One Thousand, Nine Hundred and Eighty-Five.

FOR IRELAND

JOHN ROGERS

FOR AUSTRALIA

LIONEL BOWEN

GIVEN under my Official Seal,

18 July, 2019.

SIMON COVENEY,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to apply the provisions of Part II of the

Extradition Act 1965

to Australia in respect of offences specified in Article II of the Treaty on Extradition between Ireland and Australia, done at Dublin on 2 September 1985.

3. The requesting State shall bear the expenses incurred in conveying the person from the territory of the requested State.

Article XVI

Entry into force and termination

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 XV

Expenses

6. The provisions of Article VII shall apply

mutatis mutandis

to an application for provisional arrest.

Article IX

Multiple requests

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th August,

2019.

WHEREAS, by the Treaty on Extradition between the State and Australia (the terms of which are set out in the Schedule to the following Order), done at Dublin on 2 September 1985 (referred to subsequently in these recitals as “the Treaty”), an arrangement was made with Australia for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the Treaty were approved by Dáil Éireann by resolution passed by it on 29 June 1988;

AND WHEREAS by notes exchanged at Canberra on 27 February 1989, the State and Australia have, in accordance with the Treaty, notified each other that their respective requirements for the entry into force of the Treaty have been complied with;

NOW I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 8 (amended by

section 57

(3) of the

Criminal Justice (Terrorist Offences) Act 2005

(No. 2 of 2005)) of the

Extradition Act 1965

(No. 17 of 1965) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 246 of 2011

)), and after consultation with the Minister for Justice and Equality, hereby order as follows