Document ID: chunk:federal_register_of_legislation:F2001B00198:body:0:p2
Version: federal_register_of_legislation:F2001B00198
Segment Type: other
Provision Reference: 
Character Range: 2719–5615

this Treaty.  The Central Office of Australia is the Attorney-General's Department, Canberra and the Central Office of the Principality of Monaco is the Direction des Services Judiciaires.  Either State shall notify the other of any change of its Central Office.

2. Requests for assistance shall be transmitted through the diplomatic channel and shall be addressed to the Central Office of the Requested State which shall arrange for the prompt carrying out of such requests.

3. In case of urgency, requests for assistance may be transmitted directly by the Central Office of the Requesting State to the Central Office of the Requested State.  Such transmission may be effected through the International Criminal Police Organisation (INTERPOL).

4. Responses to requests for assistance, together with the relevant documents, shall be transmitted through the diplomatic channel.

Article 4
Refusal of assistance

1. Assistance shall be refused if:

       (a) the request relates to the prosecution 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 person has been finally acquitted or pardoned in the Requested or Requesting State or has served the sentence imposed in either State;

       (c) there are substantial grounds for believing that:

           (i) 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

           (ii) that person's position may be prejudiced for any of the abovementioned reasons; or

       (d) the Requested State is of the opinion that the request, if granted, would prejudice its sovereignty, security, national interest or other essential interests.

2. Assistance may be refused if:

       (a) the request relates to the prosecution 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 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 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