Document ID: chunk:federal_register_of_legislation:F1996B01852:body:0:p3
Version: federal_register_of_legislation:F1996B01852
Segment Type: other
Provision Reference: 
Character Range: 5445–8277

prejudice an investigation or proceeding in the Requested State, prejudice the safety of any person or impose an excessive burden on the resources of that State.

 3. Before refusing to grant a request for assistance the Requested State may consider whether assistance could be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to conditions, it shall comply with the conditions.

ARTICLE 5

CONTENTS OF REQUESTS

 1. Requests for assistance shall include:
      (a) the name of the competent authority conducting the investigation or proceedings to which the request relates;
      (b) except in cases of requests for service of documents, a description of the essential acts, omissions or matters alleged or sought to be ascertained and a description of the nature of the criminal matter including the text of the relevant provision of the law creating an offence (or in the case of Australia, in respect of a common law offence, by a statement of the law applicable to the offence);
      (c) the purpose for which the request is made and the nature of the assistance sought;
      (d) details of any particular procedure or requirement that the Requesting State wishes to be followed;
      (e) the requirements, if any, of confidentiality and the reasons therefore; and
      (f) specification of any time limit within which compliance with the request is desired.

 2. Requests for assistance, to the extent necessary and insofar as possible, shall also include:
      (a) the identity, nationality and location of the person or persons who are the subject of, or who may have material evidence relating to, the investigation or proceeding;
      (b) a statement as to whether sworn or affirmed evidence or statements are required;
      (c) a description of the information, statements, documents, records or other material to be produced as well as a description of the appropriate person to be asked to produce them and, to the extent not otherwise provided for, the form in which they should be reproduced and authenticated; and
      (d) information as to the allowances and expenses to which a person appearing in the Requesting State will be entitled.

 3. All documents submitted in support of a request, where necessary, shall be accompanied by a translation:
      (a) in the case of a request to Australia, in English; or
      (b) in the case of a request to the Grand Duchy of Luxembourg, in French.

 4. If the Requested State considers that the information contained in the request is not sufficient to enable the request to be dealt with, that State may request that additional information be furnished.

ARTICLE 6

EXECUTION OF REQUESTS

 1. To the extent permitted by its law, the Requested State shall provide such assistance as specified