{"id":"F1996B01135","name":"Extradition (Hellenic Republic) Regulations","slug":"extradition-hellenic-republic-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"94 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29008,"registerId":"commonwealth-F1996B01135-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Hellenic Republic) Regulations","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nStatutory Rules 1991 No. 941\n\nExtradition (Hellenic Republic) Regulations\n\nI, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.\n\nDated 16 May 1991.\n\nW. B. CAMPBELL\n\nAdministrator\n\nBy His Excellency’s Command,\n\nMICHAEL DUFFY\n\nAttorney-General\n\nCitation\n\n1\\. These Regulations may be cited as the Extradition (Hellenic Republic) Regulations.\n\nCommencement\n\n2\\. These Regulations commence on 5 July 1991.\n\nInterpretation\n\n3\\. In these Regulations, unless the contrary intention appears:\n\n“the Act” means the Extradition Act 1988.\n\nDeclaration of Hellenic Republic as extradition country\n\n4\\. The Hellenic Republic is declared to be an extradition country.\n\nApplication of Act\n\n5. The Act applies in relation to the Hellenic Republic subject to the Treaty on Extradition between Australia and the Hellenic Republic done at Athens on 13 April 1987 (being the treaty a copy of the English text of which is set out in the Schedule).\n\nSCHEDULE Regulation 5\n\nTREATY ON EXTRADITION BETWEEN\n\nAUSTRALIA AND THE HELLENIC REPUBLIC\n\nAustralia and the Hellenic Republic,\n\nDESIRING to make more effective the co-operation of the two countries in the suppression of crime by concluding a treaty for the extradition of persons wanted for prosecution or the imposition or enforcement of a sentence,\n\nHAVE AGREED as follows:\n\nARTICLE 1\n\nOBLIGATION TO EXTRADITE\n\nEach Contracting State agrees to extradite to the other, in accordance with the provisions of this Treaty, any persons who are wanted for prosecution or the imposition or enforcement of a sentence in the requesting State for an extraditable offence.\n\nARTICLE 2\n\nEXTRADITABLE OFFENCES\n\n1\\. For the purposes of this Treaty, extraditable offences are offences, however described, punishable under the laws of both Contracting States by deprivation of liberty for a maximum period of at least one year or by a more severe penalty. 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 deprivation of liberty, extradition shall be granted only if a period of at least four months of such penalty remains to be served.\n\n2\\. For the purpose of this Article in determining whether an offence is an offence against the laws of both Contracting States:\n\n(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;\n\n(b) the totality of the acts or omissions alleged against the person whose extradition is requested 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.\n\n3\\. Where extradition of a person is requested for an offence against a law relating to taxation, customs duties, foreign exchange controls or other revenue matter, extradition may not be refused on the ground that the laws of the requested State do not impose the same kind of tax or duty or do not contain a tax, duty, customs\n\n  \nSCHEDULE—continued\n\nregulation, or exchange controls of the same kind as the laws of the requesting State.\n\n4\\. 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.\n\nARTICLE 3\n\nEXCEPTIONS TO EXTRADITION\n\n1\\. Extradition shall not be granted in any of the following circumstances:\n\n(a) when the offence for which extradition is requested is a political 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;\n\n(b) when 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;\n\n(c) when the offence for which extradition is requested is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting States;\n\n(d) when final judgement has been passed in the requested State or in a third state in respect of the offence for which the person’s extradition is requested; or\n\n(e) when the person whose extradition is requested has, according to the law of either Contracting State, become immune from prosecution or punishment by reason of lapse of time, or for any other reason.\n\n2\\. Extradition may be refused in any of the following circumstances:\n\n(a) when the person whose extradition is requested is a national of the requested State. Where the requested State refuses to extradite a national of that State it shall, if the other State so requests and the law of the requested State allows, 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 requested may be taken if that is considered appropriate;\n\n(b) when the competent authorities of the requested State have decided to refrain from prosecuting the person whose extradition is requested for the offence in respect of which extradition is requested;\n\n(c) when the offence with which the person sought is charged or of which he is convicted, or any other offence for which he may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the requesting State unless that State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;\n\n(d) when the offence for which extradition is requested is regarded under the law of the requested State as having been committed in whole or in part within that State;\n\n(e) when a prosecution in respect of the offence for which extradition is requested is pending in the requested State against the person whose extradition is requested; or\n\n(f) when the competent authority of the requested State, while also taking into account the nature of the offence and the interests of the requesting State,\n\n  \nSCHEDULE—continued\n\nconsiders 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, incompatible with humanitarian considerations or too severe a punishment.\n\n3\\. 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.\n\nARTICLE 4\n\nPOSTPONEMENT OF CONSIDERATION OF EXTRADITION REQUEST\n\n1\\. The requested State may postpone consideration of a request for 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 extradition is requested and where the requested State so postpones the extradition it shall advise the requesting State accordingly.\n\nARTICLE 5\n\nEXTRADITION PROCEDURE AND REQUIRED DOCUMENTS\n\n1\\. 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.\n\n2\\. The request for extradition shall be accompanied:\n\n(a) if the person is accused of an offence—by a warrant for the arrest or a copy of the warrant for the arrest of the person, a statement of each offence for which extradition is requested and a statement of the acts or omissions which are alleged against the person in respect of each offence;\n\n(b) if a person has been convicted in his absence of an offence—by a judicial or other document, or a copy thereof, authorising the apprehension of the person, a statement of each offence for which extradition is requested and a statement of the acts or omissions which are alleged against the person in respect of each offence;\n\n(c) if the person has been convicted of an offence otherwise than in his absence—by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carried out;\n\n(d) if the person has been convicted of an offence otherwise than in his absence 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;\n\n(e) in all cases 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 including any law relating to the limitation of proceedings, as the case may be, and in either case, a statement of the punishment that can be imposed for the offence; and\n\n(f) in all cases by as accurate a description as possible of the person together with any other information which may help to establish his identity and nationality.\n\n3\\. 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 consents to an order for extradition being made.\n\n  \nSCHEDULE—continued\n\n4\\. The documents submitted in support of a request for extradition shall be accompanied by a translation into the language of the requested State.\n\nARTICLE 6\n\nAUTHENTICATION OF SUPPORTING DOCUMENTS\n\n1\\. A document that, in accordance with Article 5, accompanies a request for extradition shall be admitted in evidence, if authenticated, in any extradition proceedings in the territory of the requested State.\n\n2\\. A document is authenticated for the purposes of this Treaty if:\n\n(a) it purports to be signed or certified by a Judge, Magistrate or officer in or of the requesting State; and\n\n(b) it purports to be authenticated by the oath or affirmation of a witness or to be sealed with an official or public seal of the requesting State or of a Minister of State, or of a Department or officer of the Government, of the requesting State.\n\nARTICLE 7\n\nADDITIONAL INFORMATION\n\n1\\. 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 the necessary additional information be furnished within such time as it specifies.\n\n2\\. 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 but such release shall not preclude the requesting State from making a fresh request for the extradition of the person.\n\n3\\. Where the person is released from custody in accordance with paragraph 2, the requested State shall notify the requesting State as soon as practicable.\n\nARTICLE 8\n\nPROVISIONAL ARREST\n\n1\\. In case of urgency a Contracting State may apply by means of the facilities of the International Criminal Police Organisation (INTERPOL) or otherwise for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel.\n\n2\\. 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 and terms of a warrant of arrest or a judgement of conviction against the person, a statement of the punishment that can be imposed or has been imposed for the offence and. if requested by the requested State, a statement of the acts or omissions alleged to constitute the offence.\n\n3\\. On receipt of such an application the requested State shall take the necessary steps to secure the arrest of the person and the requesting State shall be promptly notified of the result of its request.\n\n4\\. A person arrested upon such an application may be set at liberty upon the expiration of forty five days from the date of arrest if a request for extradition, supported by the documents specified in Article 5, has not been received by the requested State.\n\n  \nSCHEDULE—continued\n\n5\\. 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 is subsequently received.\n\nARTICLE 9\n\nCONFLICTING REQUESTS\n\n1\\. Where requests are received from two or more States for the extradition of the same person, 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.\n\n2\\. 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:\n\n(a) if the requests relate to different offences—the relative seriousness of the offences;\n\n(b) the time and place of commission of each offence;\n\n(c) the respective dates of the requests;\n\n(d) the nationality of the person; and\n\n(e) the ordinary place of residence of the person.\n\nARTICLE 10\n\nSURRENDER OF PERSON TO BE EXTRADITED\n\n1\\. The requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the requesting State through the diplomatic channel.\n\n2\\. 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.\n\n3\\. The requesting State shall remove the person from the territory of the requested State within such reasonable period as the requested State specifies and, if the person is not removed within that period, the requested State may refuse to extradite him for the same offence.\n\n4\\. If circumstances beyond its control prevent a State from surrendering or removing the person to be extradited it shall notify the other State. The two Contracting States shall agree upon a new date of surrender, and the provisions of paragraph 3 of this Article shall apply.\n\nARTICLE 11\n\nSURRENDER OF PROPERTY\n\n1\\. 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.\n\n2\\. Subject to the qualifications of 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, having been consented to, cannot be carried out owing to the death or escape of the person sought.\n\n3\\. 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.\n\n  \nSCHEDULE—continued\n\nARTICLE 12\n\nRULE OF SPECIALITY\n\n1\\. Subject to paragraph 3 of this Article, a person extradited under this Treaty shall not:\n\n(a) be detained or tried, or be subjected to any other restriction of personal liberty, in the territory of the requesting State for any offence committed before the extradition other than:\n\n(i) an offence for which extradition was granted or any other extraditable offence of which he could be convicted upon proof of the facts upon which the request for his extradition was based provided that that offence does not carry a penalty which is more severe than that which could be imposed for the offence for which extradition was sought; or\n\n(ii) any other extraditable offence in respect of which the requested State consents to his being so detained, tried or subjected to a restriction of personal liberty.\n\n2\\. A request for the consent of the requested State under this Article shall be accompanied by the documents mentioned in Article 5.\n\n3\\. Paragraph 1 of this Article does not apply if the person has had an opportunity to leave the requesting State and has not done so within forty-five days of final discharge in respect of the offence for which that person was extradited or if the person has returned to the territory of the requesting State after leaving it.\n\nARTICLE 13\n\nRE-EXTRADITION TO A THIRD STATE\n\n1\\. 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:\n\n(a) the requested State consents to that surrender; or\n\n(b) the person has had an opportunity to leave the requesting State and has not done so within forty-five days of final discharge in respect of the offence for which that person was surrendered by the requested State or has returned to the territory of the requesting State after leaving it.\n\n2\\. 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.\n\nARTICLE 14\n\nTRANSIT\n\n1\\. Where a person is to be extradited to a Contracting State from a third state or from a Contracting State to a third state through the territory of the other Contracting State, the Contracting State to which or from which the person is to be extradited shall request the other Contracting State to permit the transit of that person through its territory.\n\n2\\. Upon receipt of such a request the requested Contracting State shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so.\n\n3\\. Permission for the transit of a person shall, subject to the laws of the requested Contracting State, include permission for the person to be held in custody during transit.\n\n  \nSCHEDULE—continued\n\n4\\. Where a person is being held in custody pursuant to paragraph 3 of this Article, the Contracting State in whose territory the person is being held may direct that the person be released if transportation is not continued within a reasonable time.\n\n5\\. The Contracting State to which or from 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.\n\nARTICLE 15\n\nREPRESENTATION AND EXPENSES\n\n1\\. 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 interest of the requesting State.\n\n2\\. The requested State shall bear the expenses incurred in its territory in the arrest of the person whose extradition is requested, and in the maintenance in custody of the person until he is surrendered to a person nominated by the requesting State.\n\n3\\. The requesting State shall bear the expense incurred in conveying the person from the territory of the requested State.\n\nARTICLE 16\n\nENTRY INTO FORCE AND TERMINATION\n\n1\\. This Treaty shall enter into force thirty days after the Contracting States have notified each other that the constitutional requirements for the entry into force of this Treaty have been complied with.\n\n2\\. On the entry into force of this Treaty, the Treaty between the United Kingdom and Greece for the Mutual Surrender of Fugitive Criminals, signed at Athens on 24 September 1910, shall cease to be in force between Australia and the Hellenic Republic.\n\n3\\. Requests for extradition made after the entry into force of this Treaty shall be governed by its provisions, including Article 2, whatever the date of the commission of the offence.\n\n4\\. Either Contracting State 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.\n\nIN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Treaty\n\nDONE at ATHENS on the 13th day of APRIL One thousand nine hundred and eighty seven in two originals in the English and Greek languages both texts being equally authentic.\n\nFor Australia For the Hellenic Republic\n\nLionel Bowen Eleftherios Veryvakis\n\nNOTE\n\n1\\. Notified in the Commonwealth of Australia Gazette on 23 May 1991.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"These Regulations extend the operation of the Extradition Act 1988 to the Hellenic Republic by declaring Greece an extradition country (Regulation 4) and making the Act apply in relation to Greece subject to the terms of the 1987 Treaty between Australia and the Hellenic Republic (Regulation 5 and Schedule). Mechanically, they add a bilateral treaty regime (Schedule, Articles 1–16) as the governing framework for extradition between the two States."},"complexity_factors":["Multiple legal instruments interacting: domestic Extradition Act linked to an international Treaty (Regulation 5 and Schedule).","Detailed procedural requirements for evidence, authentication and translation (Article 5–6) that create documentary and diplomatic compliance burdens.","Several discretionary grounds and mandatory bars allowing the requested State to refuse or postpone extradition (Article 3 and Article 4), increasing case‑by‑case variability.","Time limits and provisional arrest rules (45‑day periods in Articles 8, 12(3), 13(1)) that create operational deadlines and release risk.","Cross‑border operational logistics governed by distinct provisions on surrender, transit, and reimbursement (Articles 10, 14–15), involving multiple agencies.","Specialty and re‑extradition rules constraining prosecutorial options after surrender (Article 12–13).","Property surrender and third‑party rights interface with domestic law (Article 11), adding complexity when assets are involved.","Dual‑criminality test and exceptions for revenue/extraterritorial offences require legal comparison across jurisdictions (Article 2)."],"plain_english_summary":"What this instrument does, in simple terms\n\n- This instrument declares the Hellenic Republic (Greece) an \"extradition country\" for the purposes of Australia’s Extradition Act 1988, and makes the Act apply in relation to Greece subject to the Treaty on Extradition between Australia and the Hellenic Republic (the Treaty) concluded in Athens on 13 April 1987 (Regulation 4–5 and Schedule).\n\nHow it operates mechanically\n\n- Obligation to extradite: Each country agrees to extradite people wanted for prosecution or to enforce sentences for offences that meet the Treaty’s criteria (Article 1).\n\n- Which offences qualify: Extraditable offences are those punishable in both countries by at least one year’s imprisonment (Article 2(1)). For already-convicted persons wanted to serve a sentence, at least four months must remain (Article 2(1)). The Treaty treats differences in legal terminology or offence elements as irrelevant to the dual‑criminality test (Article 2(2)). It also covers certain revenue and extraterritorial offences subject to conditions (Article 2(3)–(4)).\n\n- Grounds to refuse or postpone extradition: The Treaty lists mandatory bars (e.g. political offences, final judgment already given, certain immunities) and discretionary grounds (e.g. nationality of the person, pending prosecution at the requested State, death penalty concerns unless assurances are given, humanitarian grounds such as age or health) (Article 3). The requested State may postpone extradition to prosecute the person domestically or to allow completion of a domestic sentence (Article 4).\n\n- Procedure and evidence requirements: Requests must be written, sent through diplomatic channels, and supported by specified documents (arrest warrants, statements of offence, convictions and sentences if relevant, copies or statements of the relevant law, and identifying information). Documents must generally be translated into the language of the requested State and authenticated (Article 5–6). The requested State can ask for additional information and may release a person if it is not provided in time, without preventing a later fresh request (Article 7).\n\n- Urgent provisional arrests: A State may seek provisional arrest (for example via INTERPOL) pending formal diplomatic submission. There is a 45‑day limit for lodging the formal request or the arrested person may be released (Article 8).\n\n- Conflicting requests and choice of forum: If multiple States seek the same person, the requested State decides where to extradite, taking into account seriousness, time and place of offences, dates of requests, nationality, and ordinary residence (Article 9).\n\n- Surrender, re‑extradition and speciality: When extradition is granted, the requested State notifies the requesting State, sets a convenient departure point, and requires removal within a reasonable period or may refuse later removals (Article 10). The Treaty enshrines the rule of speciality — the requesting State may only try an extradited person for the extradited offences unless the requested State consents or other limited exceptions apply (Article 12). Re-extradition to third States requires consent or the person’s failure to leave within 45 days after final discharge (Article 13).\n\n- Transit and costs: Transit through the other State requires permission (Article 14). Costs are allocated: the requested State bears the costs of representation in extradition proceedings and costs of arrest and custody in its territory; the requesting State bears the cost of conveying the person from the requested State (Article 15). The Treaty also sets out how property connected to offences may be surrendered subject to domestic law and third‑party rights (Article 11).\n\nWhy it matters (stated purpose and practical trade-offs)\n\n- Stated purpose: The Treaty and regulations are presented as increasing cooperation to suppress crime by enabling extradition between Australia and Greece (Schedule, opening recital and Article 1).\n\n- Who pays and who decides: The requested State pays for representation and local custody costs and decides many discretionary matters (refusals, postponements, consent to re‑extradition, transit permission) — see Articles 3, 4, 9, 14–15. The requesting State pays for conveying the person and must provide the supporting documents through diplomatic channels (Articles 5, 15).\n\n- Costs, incentives and trade‑offs: The administrative burden falls on both governments: the requesting State must prepare authenticated, translated documentation (Article 5–6) and bear transfer costs (Article 15). The requested State incurs custody and representation costs (Article 15) and bears the operational risk that delays or insufficient documentation cause release (Articles 7 and 8). The requested State also retains discretion to refuse or delay based on nationality, humanitarian grounds, pending domestic prosecutions, or where the death penalty is implicated without assurance (Article 3(2)). These provisions change incentives for requesting States to prepare complete, timely requests and to seek assurances if the death penalty is implicated.\n\n- Effects on private parties and markets: The direct legal effects fall primarily on individuals who may be subject to extradition and on their ability to contest surrender (Articles 3, 5–7, 12). Businesses are affected only indirectly: property derived from offences may be surrendered (Article 11), but the Treaty respects rights of third parties and domestic law on property. The Treaty does not directly regulate competition, prices, speech, or ordinary commercial contract freedom.\n\n- Implementation risks and compliance burden: The Treaty depends on diplomatic channels, authenticated translations, adherence to time limits (notably 45‑day periods in Articles 8, 12(3), 13(1)), and the requested State’s domestic procedures. These create risks of delay, release pending further requests, and additional diplomatic negotiation. The requested State’s discretion at several points (Articles 2(4), 3(2)(f), 4, 9, 14(2)) introduces unpredictable outcomes and administrative costs.\n\n- Concentrated benefits and diffuse costs: The requesting State obtains a clear legal path to secure return of suspects and convicted persons (Article 1), a concentrated benefit for law enforcement. The requested State shoulders immediate custody and representation costs (Article 15) and administrative work, a more diffuse public cost.\n\nBottom line, mechanically: These Regulations add Greece to the list of countries to which Australia’s Extradition Act applies and make the 1987 Australia–Greece Extradition Treaty the governing rulebook for extradition between the two States. The Treaty sets thresholds for extraditable offences, procedural document and authentication rules, exceptions and discretionary bars, time limits for provisional arrest and surrender, and allocates costs between the States (Regulations 4–5; Schedule, Articles 1–16)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose of implementing the 1987 Australia-Greece Extradition Treaty. The regulations consist of a brief enabling framework (declaring Greece an extradition country and applying the Extradition Act 1988 subject to the treaty) plus the full treaty text as a Schedule. There is no evidence of scope creep; the instrument does exactly what its title and preamble suggest—give domestic legal effect to the bilateral extradition treaty."},"complexity_factors":["Single defined term ('the Act') in the regulations proper, but the Schedule contains extensive treaty provisions with 16 articles","Multiple conditional exceptions to extradition (Article 3) with both mandatory and discretionary refusal grounds","Cross-referencing between articles (e.g., Article 12 references Article 5 for consent procedures)","Nested conditions in Article 12 (rule of speciality) with exceptions to the exception in paragraph 3","Temporal calculations required (45-day limits in Articles 8, 12, and 13; 180-day termination notice in Article 16)","Dual structure: regulations are brief (5 provisions) but incorporate lengthy Schedule (treaty text)","Procedural requirements with multiple document types specified in Article 5"],"plain_english_summary":"This legislation sets up the legal framework for Australia to extradite (hand over) people to Greece, and vice versa, when those people are wanted for serious crimes.\n\n**What it does:**\n- Declares Greece (the Hellenic Republic) as an \"extradition country\" under Australian law\n- Incorporates a 1987 treaty between Australia and Greece that sets out the rules for transferring accused or convicted criminals between the two countries\n\n**Key rules in the treaty:**\n- **Who can be extradited:** People wanted for crimes punishable by at least one year in prison in both countries\n- **When extradition is refused:** For political offences (except assassination of heads of state or genocide), if the person might be persecuted for their race/religion/politics, if they've already been tried, or if the death penalty might apply (unless Greece gets assurances it won't be carried out)\n- **When extradition may be refused:** If the person is a national of the requested country, if they're already being prosecuted locally, or if extradition would be \"unjust, oppressive or incompatible with humanitarian considerations\"\n- **Special protections:** Once extradited, a person generally can't be tried for different crimes committed before extradition (this is called the \"rule of speciality\"), and they can't be sent on to a third country without permission\n- **Urgent arrests:** Either country can request provisional arrest through Interpol while paperwork is prepared\n\n**Who it affects:**\n- People accused of serious crimes who flee between Australia and Greece\n- Law enforcement and judicial authorities in both countries\n- Anyone who might be subject to extradition proceedings\n\n**Why it matters:**\nThis ensures criminals can't escape justice simply by crossing borders between Australia and Greece. It replaces an old 1910 treaty between the UK and Greece that previously applied to Australia, giving Australia its own modern extradition relationship with Greece that reflects contemporary human rights standards and legal procedures."}},"importantCases":[],"_links":{"self":"/api/acts/extradition-hellenic-republic-regulations","history":"/api/acts/extradition-hellenic-republic-regulations/history","analysis":"/api/acts/extradition-hellenic-republic-regulations/analysis","conflicts":"/api/acts/extradition-hellenic-republic-regulations/conflicts","importantCases":"/api/acts/extradition-hellenic-republic-regulations/important-cases","documents":"/api/acts/extradition-hellenic-republic-regulations/documents"}}