Document ID: chunk:federal_register_of_legislation:F2004C00892:body:0:p5
Version: federal_register_of_legislation:F2004C00892
Segment Type: other
Provision Reference: 
Character Range: 10506–13235

any other manner required by the law of the Requesting State which is not inconsistent with the law of the Requested State.

4. The Requested State shall forward to the Requesting State proof of service of the documents.  If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.

5. A person who fails to answer a summons to appear, service of which has been requested, shall not by reason thereof, be liable to any penalties or be subjected to any coercive measures notwithstanding any contrary statement contained in the summons, unless the person subsequently voluntarily enters the Requesting State and is there again duly summoned.

Article 10
Taking of evidence of witnesses and experts

1. Where a request is made:
        (i) in the case of Australia, by the Attorney-General or his delegate, a judge               or magistrate;
 (ii) in the case of Sweden, by a court or a public prosecutor;
for the taking of evidence of witnesses and experts for the purpose of a proceeding in relation to a criminal matter in the Requesting State, the Requested State shall take that evidence for transmission to the Requesting State.

2. For the purpose of this Treaty, the giving or taking of evidence shall include the production of documents, records or other material.

3. For the purposes of requests under this Article the Requesting State shall specify the subject matter about which witnesses or experts are to be examined including any questions to be put.

4. Where, pursuant to a request for assistance, a witness or expert is to give evidence for the purpose of proceedings in the Requesting State, the parties to the relevant proceedings in the Requesting State, their legal representatives or representatives of the Requesting State may, subject to the laws of the Requested State, appear and question the person giving that evidence.

5. A witness or expert who is required to give evidence in the Requested State pursuant to a request for assistance may decline to give evidence where either:
       (a) the law of the Requested State would permit that person to decline to give evidence in similar circumstances in proceedings which originated in the Requested State; or
       (b) where the law of the Requesting State would permit that person to decline to give evidence in such proceedings in the Requesting State.

6. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Requested State shall with respect thereto rely on a certificate of the Central Authority of the Requesting State as evidence of the existence of that right.

Article 11
Locating and identifying persons and obtaining statements

1. The