Document ID: chunk:federal_register_of_legislation:F1999B00031:body:0:p7
Version: federal_register_of_legislation:F1999B00031
Segment Type: other
Provision Reference: 
Character Range: 16015–18839

of any document, record or information in the possession of a government department or agency, but not publicly available, to the same extent and under the same conditions as such document, record or information would be available to its own law enforcement and judicial authorities.

Article XIV
Certification and authentication

(1) Documents or materials supporting a request for assistance involving the use of compulsory measures or the forfeiture or confiscation of the proceeds of crime shall be admissible in proceedings in the Requested Party if they -

       (a) purport to be signed or certified by a Judge, Magistrate or other officer in or of the Requesting Party; and

       (b) purport to be sealed with an official or public seal of the Requesting Party or an officer of the Requesting Party.

(2) Documents or materials furnished in response to a request shall only be signed or certified and sealed if requested.  Other documents or materials shall be certified or authenticated by consular or diplomatic officers only if the law of the Requesting Party specifically so requires.

Article XV
Transfer of persons in custody

(1) A person in custody in the Requested Party whose presence is requested in the Requesting Party for the purposes of providing assistance pursuant to this Agreement shall if the Requested Party consents be transferred from the Requested Party to the Requesting Party for that purpose, provided the person consents and the Requesting Party has guaranteed the maintenance in custody of the person and their subsequent return to the Requested Party.

(2) Where the sentence of imprisonment of a person transferred pursuant to this Article expires whilst the person is in the Requesting Party the Requested Party shall so advise the Requesting Party which shall ensure the person's release from custody and that the person is treated as a person referred to in Article XVI.

Article XVI
Transfer of other persons

(1) The Requesting Party may request the assistance of the Requested Party in making a person available for the purpose of providing assistance pursuant to this Agreement.

(2) The Requested Party shall, if satisfied that satisfactory arrangements for that person's security will be made by the Requesting Party, request the person to consent to travel to and remain in the Requesting Party to provide assistance.

Article XVII
Safe conduct

(1) A person who consents to provide assistance pursuant to Articles XV or XVI shall not be prosecuted, detained, or restricted in their personal liberty in the Requesting Party for any criminal offence or proceeded against on a civil matter which preceded their departure from the Requested Party.

(2) Paragraph (1) shall not apply if the person, not being a person in custody transferred under Article XV, and