{"id":"F1997B02586","name":"Extradition (Republic of Hungary) Regulations","slug":"extradition-republic-of-hungary-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"60 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29598,"registerId":"commonwealth-F1997B02586-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Republic of Hungary) Regulations","content":"Statutory Rules 1997 No. 601\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nExtradition (Republic of Hungary) Regulations\n\nI, The Governor-General 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 19 March 1997.\n\nWILLIAM DEANE\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nDARYL WILLIAMS\n\nAttorney-General and Minister for Justice\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. These Regulations may be cited as the Extradition (Republic of Hungary) Regulations.\n\nCommencement\n\n2. These Regulations commence on 25 April 1997.\n\nDeclaration of Republic of Hungary as an extradition country\n\n3. The Republic of Hungary is declared to be an extradition country.\n\nApplication of Act\n\n4. The Extradition Act 1988 applies in relation to the Republic of Hungary subject to the Treaty on Extradition between Australia and the Republic of Hungary (a copy of which is set out in the Schedule).\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE Regulation 4\n\nTREATY ON EXTRADITION BETWEEN AUSTRALIA\n\nAND THE REPUBLIC OF HUNGARY\n\nAustralia and the Republic of Hungary\n\nDESIRING to make more effective the co-operation of the two countries in the suppresion of crime by concluding a treaty on extradition,\n\nHAVE AGREED as follows:\n\nARTICLE 1\n\nOBLIGATION TO EXTRADITE\n\nThe Contracting States undertake to extradite to each other, subject to the provisions of this Treaty, any person found in the territory of one of the Contracting States who is wanted for prosecution by a competent authority for, or has been convicted of, an extraditable offence against the law of the other Contracting State.\n\nARTICLE 2\n\nEXTRADITABLE OFFENCES\n\n1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both Contracting States by imprisonment 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, extradition shall be granted only if a period of at least six 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 law 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 sought 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 sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter extradition may 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.\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\n5. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was committed, provided that:\n\n(a) it was an offence in the Requesting State at the time of the acts or omissions constituting the offence; and\n\n(b) the acts or omissions alleged would, if they had taken place in the territory of 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.\n\nARTICLE 3\n\nEXCEPTIONS TO EXTRADITION\n\n1. Extradition shall not be granted in any of the following circumstances:\n\n(a) if the offence for which extradition is sought is a political offence. Reference to a political offence shall not include:\n\n(i) an offence constituted by taking or endangering, attempting to take or endanger or participating in the taking or endangering of, the life of a person, being an offence committed in circumstances in which such conduct creates a collective danger, whether direct or indirect, to the lives of other persons;\n\n(ii) any offence in respect of which the Contracting States have assumed or will assume an obligation pursuant to an international agreement to which they are both Parties, to submit the case to their competent authorities for a decision as to prosecution if extradition is not granted; or\n\n(iii) an offence against the law relating to genocide;\n\n(b) if 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) if the offence for which extradition is sought is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting States;\n\n(d) if 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 sought;\n\n(e) if the person whose extradition is sought has, according to the law of either Contracting State, become immune from prosecution or punishment by reason of lapse of time; or\n\n(f) if the person, on being extradited to the Requesting State, would be liable to be tried or sentenced in that State, by a court or tribunal:\n\n(i) that has been specially established for the purpose of trying the person’s case; or\n\n(ii) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence for which extradition is sought.\n\n2. Extradition may be refused in any of the following circumstances:\n\n(a) if the person whose extradition is sought 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 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 all or any of the offences for which extradition has been sought may be taken;\n\n(b) if the competent authorities of the Requested State have decided to refrain from prosecuting the person for the offence in respect of which extradition is sought;\n\n(c) if the offence with which the person sought is accused or convicted, or any other offence for which that person 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) if the offence for which extradition is sought is regarded under the law of the Requested State as having been committed in whole or in part within that State;\n\n(e) if a prosecution in respect of the offence for which extradition is sought is pending in the Requested State against the person whose extradition is sought;\n\n(f) if 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 sought, 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 EXTRADITION\n\nThe Requested State may postpone the extradition of a person in order to proceed against that person, or so that that person may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is sought. In such case the Requested State 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 arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the person is 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 sought 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 that person’s 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 that person’s 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 the text of the relevant provision of the law, 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 sought together with any other information which may help to establish that person’s 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 have not been complied with provided that the person claimed consents to an order for extradition being made.\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 other officer in or of the Requesting State; and\n\n(b) it purports 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 a request for extradition is not sufficient in accordance with this Treaty to enable extradition to be granted that State may request that additional information be furnished within such time as it specifies.\n\n2. If the person whose extradition is sought is under arrest and the additional information furnished is not sufficient in accordance with this Treaty or is not received within the time specified, the person may be released from custody. 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. The application may be transmitted by post or telegraph or by any other means affording a record in writing.\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 of one of the documents mentioned in paragraph 2 of Article 5 authorising the apprehension of the person, a statement of the punishment that can be, or has been imposed for the offence and, if requested by the Requested State, a concise 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 claimed 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 60 days from the date of that person’s arrest if a request for extradition, supported by the documents specified in Article 5, has not been received.\n\n5. The release of a person pursuant to paragraph 4 shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.\n\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 ppperson 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\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 is granted, the Requested State shall surrender the person from a point of departure in its territory 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 that person for the same offence.\n\n4. If circumstances beyond its control prevent a Contracting State from surrendering or removing the person to be extradited it shall notify the other Contracting State. The two Contracting States shall mutually decide upon a new date of surrender, and the provisions of paragraph 3 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 paragraph 1, the above mentioned 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 property so surrendered shall be returned to the Requested State free of charge if that State so requests.\n\nARTICLE 12\n\nRULE OF SPECIALITY\n\n1. Subject to paragraph 3, a person extradited under this Treaty shall not 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:\n\n(a) an offence for which extradition was granted or any other extraditable offence of which the person could be convicted upon proof of the facts upon which the request for 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 granted; or\n\n(b) any other extraditable offence is respect of which the Requested State consents.\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 does not apply if the person has had an opportunity to leave the Requesting State and has not done so within 45 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\nSURRENDER 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 that person’s 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 45 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), 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 through the territory of the other Contracting State, the Contracting State to 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 law of the Requested Contracting State, include permission for the person to be held in custody during transit.\n\n4. Where a person is being held in custody pursuant to paragraph 3, 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 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\nEXPENSES\n\n1. The Requested State shall make all necessary arrangements for and meet the cost of 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 and detention of the person whose extradition is sought until that person is surrendered to a person nominated by the Requesting State.\n\n3. The Requesting State shall bear the expenses incurred in conveying the person from the territory of the Requested State.\n\n  \nARTICLE 16\n\nENTRY INTO FORCE AND TERMINATION\n\n1. This Treaty shall enter into force thirty days after the date on which the Contracting States have notified each other in writing that their respective constitutional requirements for the entry into force of this Treaty have been complied with.\n\n2. On the entry into force of the present Treaty the Treaty for the Mutual Surrender of Fugitive Criminals concluded between the United Kingdom and Hungary on the 3rd December, 1873 as amended shall cease to be in force between Australia and the Republic of Hungary.\n\n3. This Treaty shall apply to requests made after its entry into force irrespective of whether the offence was committed or the conviction had taken place before or after the entry into force of this Treaty.\n\n4. Either Contracting State may terminate this Treaty at any time by giving six months notice in writing to the other through the diplomatic channel.\n\nIN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments have signed this Treaty.\n\nDONE in duplicate at Budapest, on the twenty-fifth day of October, One thousand nine hundred and ninety five in English and Hungarian, both texts being equally authentic.\n\n| For Australia:   | For THE Republicof HUNGARY: |\n| ---------------- | --------------------------- |\n| Donald Kingsmill | Vastagh Pál                 |\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 26 March 1997.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument's effect is to declare Hungary an extradition country under Australian law (Regulation 3) and to apply the Extradition Act 1988 in relation to Hungary subject to the bilateral Treaty (Regulation 4 and Schedule). The Treaty itself defines the substantive and procedural scope of extradition (Articles 1–16). Article 16(2) explicitly terminates the older UK–Hungary surrender arrangement on entry into force and Article 16(3) confirms the Treaty applies to requests made after entry into force even if the underlying offence predates the Treaty. Those are changes in the governing legal instrument for Australia–Hungary extradition relationships, but they are contained and specified within the text and do not expand or narrow extradition scope beyond the Treaty’s stated thresholds and exceptions."},"complexity_factors":["Cross‑jurisdictional matching of offence descriptions and penalties (Article 2(1)–(2))","Multiple and partly discretionary grounds for refusal (Article 3(1)–(2))","Documentary, authentication and translation requirements with time limits (Articles 5–6; Article 8(4); Article 7)","Provisional arrest and time-limited detention pending diplomatic request (Article 8)","Rule of speciality with exceptions and timing triggers (Article 12(1)–(3))","Allocation of direct costs between Requested and Requesting States (Article 15)","Transit, third‑state surrender rules and related consent procedures (Articles 13–14)","Provision for extra‑territorial offences with a discretionary grant of extradition (Article 2(4))","Replacement of an older treaty on entry into force and temporal application to requests (Article 16(2)–(3))"],"plain_english_summary":"What this instrument does\n\n- Declares the Republic of Hungary an \"extradition country\" for Australian law (Regulation 3) and brings the Extradition Act 1988 into operation in relation to Hungary, but subject to the specific Treaty between Australia and Hungary (Regulation 4 and Schedule).\n\nHow it works mechanically\n\n- The Schedule is a bilateral Treaty that sets the rules for extradition between Australia and Hungary. The Treaty requires the Requested State to extradite persons wanted for prosecution or to serve sentences for offences punishable by at least one year’s imprisonment in both countries (Article 1; Article 2(1)).\n\n- The Treaty sets documentary and procedural requirements for any extradition request: requests must be written and sent via diplomatic channels; they must be accompanied by arrest warrants or conviction documents, a statement of the acts alleged, the relevant law and penalty, identity details, and translations into the Requested State’s language (Article 5(1)–(2), Article 5(4)). Documents must also be authenticated (Article 6).\n\n- The Requested State (the country where the person is located) makes the decision to extradite and has powers of discretion and refusal under multiple grounds (Article 3). Specific discretionary or mandatory grounds include political offences, nationality of the person (may be refused) (Article 3(1)(a), Article 3(2)(a)), final judgments, lapse of time under domestic law, humanitarian considerations such as age or health (Article 3(1)(d)–(f); 3(2)(f)), and death-penalty concerns where the Requesting State must give assurances (Article 3(2)(c)).\n\n- The Treaty permits provisional arrest in urgent cases (Article 8) and sets a 60‑day limit for holding someone after provisional arrest if the formal request has not been received (Article 8(4)). Where supporting information is inadequate, the Requested State can ask for more; if the person is under arrest and additional material is not supplied in time, the person may be released (Article 7).\n\n- The Treaty includes the rule of speciality: a person extradited may not be tried for offences other than those for which extradition was granted, except in limited circumstances (Article 12). It also controls surrender to third states and transit through the territory of the other State (Articles 13–14).\n\nWho pays and practical costs (mechanics and incentives)\n\n- The Requested State bears the domestic costs of extradition proceedings and arrest/detention up to surrender (Article 15(1)–(2)). The Requesting State pays the cost of transporting the person from the Requested State’s territory (Article 15(3)). The State asked to permit transit is to be reimbursed for its expenses (Article 14(5)). These allocations create predictable direct costs for each party depending on whether it is the requester or the requested State.\n\nCompliance burdens and documentary risks\n\n- The Requesting State must produce authenticated, translated documents (Articles 5–6). Failure to supply sufficient information can lead to release of the person and a need to repeat requests (Article 7). These requirements create administrative work (translation, authentication, diplomatic transmission) and time-related risks (provisional arrest deadlines, release if documents are late).\n\nDiscretion and implementation choices\n\n- Several Treaty provisions give the Requested State discretion (e.g. extra-territorial offences where domestic law does not provide jurisdiction may be extradited at the Requested State’s discretion (Article 2(4)); nationality and humanitarian grounds in Article 3(2)). The Requested State also decides between competing requests for the same person (Article 9).\n\nOfficial stated purpose and trade-offs\n\n- The Treaty’s preamble states the Parties are \"desiring to make more effective the co-operation ... in the suppression of crime.\" That purpose implies increased bilateral enforcement cooperation. Mechanically, that creates benefits (clear procedures, mutual obligations) and costs/trade-offs: administrative and translation burdens on Requesting States, potential delays and releases if documents are incomplete (Article 7), operational costs allocated between Parties (Article 15), and retained discretion that may limit returns to a Requesting State in individual cases (Articles 2(4), 3(2), 4). The Treaty also replaces an older surrender arrangement between the UK and Hungary when it enters into force (Article 16(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose of establishing extradition arrangements between Australia and Hungary. The four regulations simply declare Hungary an extradition country and apply the Extradition Act subject to the treaty. There is no scope creep - the treaty itself is a standard bilateral extradition agreement without extraneous provisions."},"complexity_factors":["The regulations themselves are extremely short (4 sections) but incorporate by reference a full international treaty (16 articles)","The treaty contains multiple nested exceptions - Article 3 distinguishes between circumstances where extradition 'shall not be granted' (mandatory refusal) versus 'may be refused' (discretionary refusal)","Cross-referencing between articles is frequent (e.g., Article 12 speciality rule references Article 5 documentation requirements)","Conditional logic regarding temporal jurisdiction - offences committed before treaty entry into force are covered (Article 16(3)), but with dual criminality requirements that look at law at time of offence versus time of request (Article 2(5))","Defined terms are implicit rather than explicit - 'extradition country', 'Requested State', 'Requesting State' rely on context and the Extradition Act 1988 definitions","Procedural requirements are detailed and prescriptive (Article 5 lists 6 categories of required documents with specific authentication requirements in Article 6)"],"plain_english_summary":"This legislation creates a formal arrangement between Australia and Hungary to send suspected or convicted criminals from one country to the other to face trial or serve prison sentences.\n\n**What it does:**\n- Declares Hungary an \"extradition country\" under Australian law, meaning Australia can extradite people to (and request extradition from) Hungary\n- Applies Australia's Extradition Act 1988 to Hungary, but with specific modifications set out in a treaty between the two nations\n\n**Key rules in the treaty:**\n- **What crimes qualify:** Offences punishable by at least one year in prison in both countries (or six months remaining on a sentence for someone already convicted)\n- **When extradition can be refused:** For political offences, military offences, if the person has already been tried for the crime, if they would face the death penalty (unless Hungary gets assurances it won't be used), or if the person is a Hungarian national\n- **Special protections:** Australia cannot try someone for a different crime than the one they were extradited for, unless Hungary agrees or the person stays in Australia for 45 days after finishing their sentence\n- **Urgent arrests:** Either country can request a provisional arrest through Interpol while paperwork is prepared\n- **Property:** Stolen goods or evidence can be sent along with the extradited person\n\n**Who it affects:**\n- People accused of serious crimes who flee between Australia and Hungary\n- Law enforcement and judicial authorities in both countries\n- Anyone who might be extradited from Australia to Hungary or vice versa\n\n**Why it matters:**\nThis closes a loophole where criminals could escape justice by crossing borders. It replaces an old 1873 treaty between the UK and Hungary that previously applied to Australia, updating the rules for modern legal standards and replacing British imperial arrangements with a direct bilateral agreement."}},"importantCases":[],"_links":{"self":"/api/acts/extradition-republic-of-hungary-regulations","history":"/api/acts/extradition-republic-of-hungary-regulations/history","analysis":"/api/acts/extradition-republic-of-hungary-regulations/analysis","conflicts":"/api/acts/extradition-republic-of-hungary-regulations/conflicts","importantCases":"/api/acts/extradition-republic-of-hungary-regulations/important-cases","documents":"/api/acts/extradition-republic-of-hungary-regulations/documents"}}