Document ID: chunk:federal_register_of_legislation:F1999B00317:body:0:p4
Version: federal_register_of_legislation:F1999B00317
Segment Type: other
Provision Reference: 
Character Range: 8117–10862

may become liable to restraint or confiscation. Any documents or other material supporting a request which involves the exercise of compulsory powers by the Requested Party shall, to the extent required by the Requested Party, be authenticated in accordance with Article 12.

2. Assistance which may be given under this Article includes but is not limited to:
        (a) providing information and documents or copies thereof;
        (b) taking evidence or statements of witnesses or other persons and producing documents, records, or other material for transmission to the Requesting Party;
        (c) searching for, seizing and delivering to the Requesting Party any relevant material, and providing such information as may be required by the Requesting Party concerning the place of seizure, the circumstances of seizure and the subsequent custody of the material seized prior to delivery.

3. The Requested Party may postpone the delivery of material requested if such material is required for proceedings in respect of criminal or civil matters in its territory. The Requested Party shall, upon request, provide certified copies of documents.

4. Where required by the Requested Party, the Requesting Party shall return material provided under this Article when no longer needed for the purpose for which it was supplied.

Article 9
Restraint

1. In accordance with the provisions of this Article, a Party may request the restraint of property in the territory of the Requested Party in order to ensure that it is available for the purpose of enforcement of a confiscation order which has been or may be made.

2. A request made under this Article shall include:
          (a) (i) in the case of a request from the United Kingdom, a certificate stating that an information has been laid before a justice of the peace, or a person has been charged with an offence, or a bill of indictment has been preferred, or a petition warrant has been granted, or that one of these measures is to be taken and, if so, when;
           (ii) in the case of a request from Australia, a certificate stating that an information or a complaint has been laid before a justice of the peace or a magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred, or that one of these measures is to be taken and, if so, when;
    (b) either:
           (i) a summary of the facts of the case including a description of the offence, the time and place of its commission, a reference to the relevant legal provisions, the grounds on which the suspicion is based and an authenticated copy of any relevant restraint order; or
           (ii) where a confiscation order has been made, an authenticated copy of that