Document ID: chunk:federal_register_of_legislation:F1996B01842:body:0:p2
Version: federal_register_of_legislation:F1996B01842
Segment Type: other
Provision Reference: 
Character Range: 2853–5841

and identification of persons and property;
         (d) execution of requests for search and seizure;
         (e) measures to locate, restrain and forfeit the proceeds of crime and to recover pecuniary penalties in respect of offences including restraining of dealings in property or the freezing of assets alleged to be related to a criminal matter;
         (f) making prisoners available to give evidence or to assist investigations;
         (g) making other persons available to give evidence or to assist investigations;
         (h) service of documents including judicial documents; and
         (i) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

4. Assistance shall not include:

         (a) the arrest or detention of any person with a view to extradition; and
         (b) the execution in the Requested State of criminal judgments imposed in the Requesting State other than in accordance with this Treaty.

Article 2
Other Assistance

 This Treaty shall not affect subsisting obligations between the Contracting States pursuant to other treaties or arrangements or otherwise nor prevent the Contracting States from providing assistance pursuant to such treaties or arrangements.

Article 3
Central Offices

1. Each Contracting State shall designate a Central Office which shall transmit and receive requests for the purpose of this Treaty. Until the Contracting State concerned designates another authority, the Central Office for Australia shall be the Attorney-General's Department, Canberra and the Central Office for the Republic of the Philippines shall be the Department of Justice, Manila.

2. Requests for assistance shall be transmitted to and received by the Central Offices through the diplomatic channel. The Central Offices shall arrange for the prompt carrying out of such requests. In cases of urgency, requests for assistance may be made directly between the Central Offices.

Article 4
 Refusal of Assistance

1. Assistance shall be refused if:

         (a) the request relates to an offence that is regarded by the Requested State as:
 (i) an offence of a political character, provided that graft and corruption, unlawfully acquired or acquiring property, bribery, frauds against the public treasury, or malversation or fraudulent conversion of public funds or property shall not per se be regarded as offences of a political character; or
 (ii) an offence solely under its military law which is not an offence under its ordinary criminal law;
         (b) the request relates to an offence in respect of which the offender has been finally acquitted or pardoned;
         (c) the request relates to an offence in respect of which the offender has served the sentence imposed, except that assistance shall not be refused if the request relates to forfeiture of property in relation to a criminal matter or the recovery of a pecuniary penalty arising out of criminal conduct;