432-(52)

II SÉRIE — NÚMERO 21

b) A Convenção Suplementar ao referido Tratado, feita em Lisboa a 20 de Janeiro de 1932.

4 — Qualquer Parte Contratante pode, a todo o tempo, denunciar o presente Tratado, mediante aviso por escrito, deixando o mesmo de vigorar 180 dias após a data de recepção do aviso.

Em fé do que os abaixo assinados, devidamente autorizados para o efeito pelos respectivos Governos, assinaram o presente Tratado.

Feito em Lisboa, aos 21 dias de Abril de 1987, em inglês e português, sendo ambos os textos igualmente autênticos.

A República Portuguesa: Eduardo Azevedo Soares.

A Austrália: Lionel Bowen.

A cópia está conforme o original.

Lisboa, 6 de Maio de 1987. — Pelo Chefe do Serviço Jurídico e de Tratados, (Assinatura ilegível.)

Treaty on Extradltlon between the Republlc of Portugal and Austrália

The Republic of Portugal and Austrália: Desiring to make more efective the co-operation of the two countries in the suppression of crime by concluding a treaty for the extradition of persons charged with or convicted of offerences: Have agreed as follows:

Article 1 Obrígation to extradite

Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Tretay, any persons who are wanted for prosecution before a competent authority or the imposition of a setence by such an authority or the enforcement of such a sentence in the requesting State for an extraditable offence.

Article 2 Extraditable offences

1 — For the purposes of this Treaty, extraditable offence are offences which are punishable under the laws of both Contracting Parties by imprisonment or other measure of deprivation of liberty for a maximum period of at least one year. 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 measure of deprivation of liberty, extradition shall be granted only if a period of at least six months imprisonment or other measure of deprivation of liberty remains to be served.

2 — For the purposes of this article, in determining whether an offence is an offence against the law of both Contracting Parties:

a) 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 terminology;

b) The totality of the acts or omissions alleged against the person whose extradition is requested shall te taken into account and it shall not matter whether, under the laws of the Contracting Parties, the constituem elements of the offence differ.

3 — Where the offence for which extradition is requested has been committed outside the territory of the requesting State extradition shall be granted, subject to the requesting State extradition shall be granted, subject to the provisions of this Treaty:

a) If the person whose extradition is requested is a national of the requesting State; or

b) If the law of the requested State provides for the punishment of an offence committed outside its territory in similar circumstances.

4 — Where extradition of a person is requested for an offence against a law relating to taxation, duties, customs, foreign exchange control, extradition shall 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 — Extradition may to be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is requested 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 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.

Article 3

Nationals

1 — The requesting State shall have the right to refuse to extradite its nationals, and shall refuse to do so, if its constitution or its law so require.

2 — Where the requested State refuses to extradite a person on the ground that the person is a national of the requested State, 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 ali or any of the offences for which extradition has been requested may be taken.