Document ID: chunk:federal_register_of_legislation:F1996B02320:body:0:p6
Version: federal_register_of_legislation:F1996B02320
Segment Type: other
Provision Reference: 
Character Range: 13338–16040

person, being free to leave, has not left the Requesting State within a period of thirty days after that person has been officially notified that that person's presence is no longer required or, having left, has returned.

 4. A person appearing in the Requesting State pursuant to a request made under Articles 9 or 12 shall be subject to the laws of that State relating to contempt, perjury and the making of false declarations.

 5. A person who does not consent to a request pursuant to Articles 9 or 12 shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure notwithstanding any contrary statement in the request or in any document accompanying the request.

ARTICLE 14

Refusal to give evidence

 1. A witness or expert who appears before a court of either Contracting State pursuant to a request for assistance under this Agreement is entitled to refuse to give evidence or make a statement in so far as the person has a privilege or duty to refuse to give evidence or make a statement under the law of either the Requesting or Requested State.

 2. A request seeking the evidence of a witness or expert in either State shall include a statement of the rights referred to in paragraph 1.

ARTICLE 15

Provision of publicly available and official documents

 1. The Requested State shall provide copies of documents and records that are open to public access or that are available for purchase by the public.

 2. The Requested State may provide copies of any official document or record in the same manner and under the same conditions as such document or record may be provided to its own law enforcement and judicial authorities.

ARTICLE 16

Certification and authentication

 1. Documents or materials supporting a request for assistance involving the use of compulsory measures shall be authenticated in accordance with paragraph 2.  Documents or materials furnished in response to a request shall be similarly authenticated if requested.

 2. Documents and materials are authenticated for the purposes of this Agreement if:
         (a) they purport to be signed or certified by a judge, magistrate or other officer in or of the State sending the document; and
         (b) they purport to be sealed with an official seal of the State sending the document or of a Minister of State, or of a Department or officer of the Government, of that State.

 3. No legalisation or similar formality shall be required in the context of this Agreement.

ARTICLE 17

Search and seizure

 1. The Requested State shall, insofar as its law permits, carry out requests for search and seizure and delivery of material to the Requesting State provided