Document ID: chunk:federal_register_of_legislation:F1997B02585:body:0:p2
Version: federal_register_of_legislation:F1997B02585
Segment Type: other
Provision Reference: 
Character Range: 2854–5723

serve sentences.

ARTICLE 2

OTHER ASSISTANCE

This Treaty shall not derogate from obligations subsisting between the Contracting States whether pursuant to other treaties or arrangements or otherwise nor prevent the Contracting States providing assistance to each other pursuant to other treaties or arrangements or otherwise.
ARTICLE 3

CENTRAL OFFICE

1. The Contracting States shall each appoint Central Offices to transmit and receive requests for the purpose of this Treaty.  The Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Offices of Hungary shall be the Ministry of Justice and the Chief Public Prosecutor's Office. Either State shall notify the other of any change of its Central Office(s).

2. Requests for assistance shall be made through the Central Offices which shall arrange for the prompt carrying out of such requests.

ARTICLE 4

REFUSAL OF ASSISTANCE

1. Assistance shall be refused if:
         (a) the request relates to the prosecution or punishment of a person for an offence that is regarded by the Requested State as:
 (i) an offence of a political character; or
 (ii) an offence under military law of the Requested State which is not also an offence under the ordinary criminal law of the Requested State;
         (b) the request relates to the prosecution of a person for an offence in respect of which the offender has been finally acquitted or pardoned or has served the sentence imposed;
         (c) there are substantial grounds for believing that the request for assistance has been made for the purpose of prosecuting or punishing a person on account of that person's race, sex, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons; or
         (d) the Requested State is of the opinion that the request, if granted, would prejudice its sovereignty, security, national interest, ordre public or other essential interests.

    2. Assistance may be refused if:
         (a) the request relates to the prosecution or punishment of a person for an offence where the acts or omissions alleged to constitute that offence would not, if they had taken place within the jurisdiction of the Requested State, have constituted an offence;
         (b) the request relates to the prosecution or punishment of a person for an offence which is committed outside the territory of the Requesting State and the law of the Requested State does not provide for the punishment of an offence committed outside its territory in similar circumstances;
         (c) the request relates to the prosecution or punishment of a person for an offence which, had it been committed in the Requested State, could no longer be prosecuted by reason of lapse of time or any other reason;
         (d) provision of the assistance sought could