Document ID: chunk:federal_register_of_legislation:F2017C00270:schedule:1:p7
Version: federal_register_of_legislation:F2017C00270
Segment Type: schedule
Provision Reference: sch 1 (pt 7/12)
Character Range: 21189–23973

the matter in relation to which transfer was sought under paragraph 1 of this Article or at such earlier time as the person's presence is no longer required. The period of custody in the territory of the Requesting Party shall be deducted from the period of detention which the person concerned is or will be obliged to undergo in the territory of the Requested Party.

       (4) Where the Requested Party advises the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person referred to in Article 13 of this Treaty.

  ARTICLE 13
  AVAILABILITY OF OTHER PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS

       (1) The Requesting Party may request the assistance of the Requested Party in obtaining a person's consent to:
           (a) appear as a witness in proceedings in relation to a criminal matter in the Requesting Party unless that person is the person charged; or
           (b) assist investigations in relation to a criminal matter in the Requesting Party.

       (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 appear as a witness in proceedings or to assist investigations.

  ARTICLE 14
  SAFE CONDUCT

       (1) Subject to paragraph 2 of this Article, where a person is in the Requesting Party pursuant to a request made under Articles 12 or 13 of this Treaty:
           (a) that person shall not be:
               (i) detained, prosecuted, punished or subjected to any other restriction of personal liberty in the Requesting Party; or
               (ii) subject to any civil suit, being a civil suit to which the person could not be subjected if the person were not in the Requesting Party
            in respect of any act or omission which preceded the person's departure from the Requested Party; and
           (b) that person shall not, without that person's consent, be required to give evidence in any proceeding or to assist any investigation other than the proceeding or investigation to which the request relates.

       (2) Paragraph 1 of this Article shall cease to apply if that person, being free to leave, has not left the Requesting Party within a period of fifteen (15) days, or any longer period otherwise agreed by the Parties, after that person has been officially notified that that person's  presence is no longer required or, having left, has voluntarily returned.

       (3) Any person who consents to give evidence or assist an investigation pursuant to Articles 12 or 13 of this Treaty shall not be subject to prosecution based on his or her testimony, except for perjury, contempt of court and the making of