Document ID: chunk:federal_register_of_legislation:F1996B01929:body:0:p2
Version: federal_register_of_legislation:F1996B01929
Segment Type: other
Provision Reference: 
Character Range: 2824–5707

to the extent permitted by the law of the Requested State and this Treaty; and
         (c) the transfer of persons in custody to serve sentences.

Article 2

Other assistance

This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties or arrangements or otherwise or prevent the Contracting Parties providing assistance to each other pursuant to other treaties or arrangements or otherwise.

Article 3

Judicial authorities and
channels of communications

 1. Requests for assistance shall emanate from a Judicial Authority of the Requesting State.  A Judicial Authority means any court or tribunal of the Requesting State.  In addition, for the purposes of this Treaty, the following authorities shall also be considered to be Judicial Authorities:  for the State of Israel, the Attorney General or his delegate; and for Australia, the Attorney General or his delegate.  Either State, with the consent of the other, may appoint another authority of that State to be considered to be a Judicial Authority for the purposes of this Treaty.

 2. For Australia, the channel of communication shall be the Attorney General's Department, Canberra.  For Israel, the channel of communication shall be the Ministry of Foreign Affairs, Jerusalem.  In addition, in cases of urgency, a duplicate copy of a request to Israel may be sent to the International Department of the State Attorney's Office, Jerusalem.

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; or
         (b) 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.

 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 of a person for an offence in respect of which that person has been finally acquitted or pardoned or has served the sentence imposed;
         (c) the Requested State is of the opinion that the request, if granted, would prejudice its sovereignty, security, public policy, national interest or other essential interests;
         (d) the