Document ID: chunk:federal_register_of_legislation:F1996B01852:body:0:p2
Version: federal_register_of_legislation:F1996B01852
Segment Type: other
Provision Reference: 
Character Range: 2814–5695

derogate from obligations subsisting between the Contracting States pursuant to other treaties or arrangements nor prevent the Contracting States providing assistance to each other pursuant to other treaties or arrangements.

ARTICLE 3

CENTRAL OFFICE

 1. The Contracting States shall each appoint a Central Office to transmit and receive requests for the purpose of this Treaty. Until the relevant Contracting State designates another authority, the Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Office of the Grand Duchy of Luxembourg shall be the Ministry of Justice, Luxembourg.

 2. Requests for assistance shall be made through the Central Offices which shall arrange for the prompt carrying out of such requests.

ARTICLE 4

REFUSAL OF ASSISTANCE

 1. Assistance shall be refused if:
      (a) the request relates to an offence that is regarded by the Requested State as:
        (i) an offence of a political character; or
        (ii) an offence under military law of the Requested State which is not also an offence under the ordinary criminal law of the Requested State;
      (b) the request relates to an offence in respect of which the offender has been finally acquitted or pardoned or has served the sentence imposed;
      (c) there are substantial grounds for believing that the request for assistance has been made to facilitate the prosecution of a person on account of that person's race, sex, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons; or
      (d) the Requested State is of the opinion that the request, if granted, would seriously impair its sovereignty, security, national interest or other essential interests.

 2. Assistance may be refused if:
      (a) the request, according to the law of the Requested State, relates to a fiscal offence;
      (b) the request relates to an offence where the acts or omissions alleged to constitute that offence would not, if they had taken place within the jurisdiction of the Requested State, have constituted an offence;
      (c) the request relates to an offence which is committed outside the territory of the Requesting State and the law of the Requested State does not provide for the punishment of a similar offence committed outside its territory in similar circumstances;
      (d) the request for assistance relates to an offence which, had it been committed in the Requested State, could no longer be prosecuted by reason of lapse of time or any other reason; or
      (e) the provision of the assistance sought could 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