Document ID: chunk:federal_register_of_legislation:F1996B01843:body:0:p4
Version: federal_register_of_legislation:F1996B01843
Segment Type: other
Provision Reference: 
Character Range: 7712–10415

serious reasons for opposing the transfer; and
         b) the person in custody consents;
transfer that person, in custody, to the Requesting Party.

2. The Requesting Party shall, subject to paragraph 3 of this Article, hold the transferred person in custody and return that person in custody to the Requested Party either:
         a) within the period fixed by the Requested Party; or

        SCHEDULE—continued

         b) when the attendance of the person is no longer required.

3. Where the sentence imposed on a person transferred under this Article expires whilst the person is in the territory of the Requesting Party, that person shall be set at liberty and thereafter treated as a person referred to in Article 7.

4. A person in custody who does not consent to be available to give evidence pursuant to this Article shall not, by reason thereof, be liable to any penalty or be submitted to any coercive measure.

ARTICLE 9

(Immunities and Privileges)

1. Any person who attends in the territory of the Requesting Party pursuant to Article 7 and 8 shall not:
         a) be detained, prosecuted, or punished by that Party for any offence or be subject to any civil suit in the territory of that Party in respect of any act or omission which preceded that person's departure from the territory of the Requested Party; or
         b) without that person's consent, be required to give evidence in any proceeding other than the proceeding to which the request relates.

2. The immunity provided for in paragraph 1 of this Article shall cease if the person voluntarily remains in the territory of the Requesting Party more than 45 days after the date on which the presence of that person is no longer required or, having left, has voluntarily returned.

3. A person present in the territory of the Requesting Party pursuant to a request under Articles 7 and 8 shall not be subject to prosecution based on the testimony given but shall be subject to the laws of that Party in relation to the refusal to give evidence and giving evidence which is untrue.

SCHEDULE—continued

4. Notwithstanding paragraph 3 of this Article a person who is required to give evidence pursuant to a request for assistance may decline to give evidence where either:
         a) the law of the Requested Party would permit that person to decline to give evidence in similar circumstances in proceedings which originated in the territory of the Requested Party; or
         b) where the law of the Requesting Party would permit the person to decline to give evidence in such proceedings in the territory of the Requesting Party.

5. Where a person giving evidence in the territory of one Party claims that there is