Document ID: chunk:federal_register_of_legislation:F2010L01914:body:0:p7
Version: federal_register_of_legislation:F2010L01914
Segment Type: other
Provision Reference: 
Character Range: 15519–18265

proceedings, using any technical means.

5. A person who is required to give evidence in the Requested State under this Article may decline to give evidence where either:

    (a) the law of the Requested State permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested State; or

    (b) the law of the Requesting State permits that witness to decline to give evidence in such proceedings in the Requesting State.

6. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Central Authority of that State shall, upon request, provide a certificate to the Central Authority of the Requested State as to the existence of that right. In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right.

ARTICLE 13
OBTAINING OF STATEMENTS OF PERSONS

1. The Requested State shall, upon request, endeavour to obtain statements of persons for the purpose of an investigation or proceeding in relation to a criminal matter in the Requesting State.

2. For the purposes of requests under this Article, the Requesting State shall specify the subject matter about which it seeks statements from persons including any questions which it seeks to put to the person.

ARTICLE 14
AVAILABILITY OF PERSONS IN CUSTODY TO GIVE
EVIDENCE OR ASSIST IN INVESTIGATIONS

1. Upon request, a person serving a sentence or otherwise held in custody in the Requested State may be temporarily transferred to the Requesting State to assist investigations or to give evidence, provided that the person consents.

2. When the person transferred is required to be kept in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return the person in custody at the conclusion of the execution of the request.

3. Where the Requested State advises the Requesting State that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person present in the Requesting State pursuant to a request seeking that person's attendance under Article 15.

ARTICLE 15
AVAILABILITY OF OTHER PERSONS TO GIVE
EVIDENCE OR ASSIST INVESTIGATIONS

1. The Requesting State may request the assistance of the Requested State in inviting a person to :

    (a) appear as a witness in proceedings in relation to a criminal matter in the Requesting State unless that person is the person charged; or

    (b) assist investigations in relation to a criminal matter in the Requesting State.

2. The Requested State shall, if satisfied that satisfactory arrangements for that person's security will be made