Document ID: chunk:federal_register_of_legislation:F2005B00011:body:0:p5
Version: federal_register_of_legislation:F2005B00011
Segment Type: other
Provision Reference: 
Character Range: 10566–13287

shall be executed in accordance with the requirements of the Requesting State to the extent permitted by the law of the Requested State.

2. If the Requesting State requests the assistance of the Requested State in obtaining in the territory of the Requested State the evidence of witnesses or experts, the Requested State shall, subject to its laws, arrange for the evidence of that witness or expert to be obtained.

3. The Requested State may transmit certified copies or certified photocopies of the documents requested unless the Requesting State expressly requests the transmission of originals in which case the Requested State shall endeavour to comply with the request.

4. A person who is required to give evidence in the Requested State under this Article may decline to give evidence where either:

       (a) the law of the Requested State permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested State; or

       (b) where the law of the Requesting State permits that witness to decline to give evidence in such proceedings in the Requesting State.

5. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Central Office of that State shall, upon request, provide a certificate to the Central Office of the Requested State as to the existence of that right. In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right.

ARTICLE 12

AVAILABILITY OF PERSONS IN CUSTODY TO GIVE EVIDENCE
OR TO ASSIST INVESTIGATIONS

1. A person in custody in the Requested State may, at the request of the Requesting State, be temporarily transferred to the Requesting State to assist investigations or to give evidence.

2. The Requested State shall not transfer a person in custody to the Requesting State unless the person consents to that transfer.

3. While the person transferred is required to be held in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return that person in custody to the Requested State at the conclusion of 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.

4. Where the Requested State advises the Requesting State 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.

ARTICLE 13

AVAILABILITY OF OTHER PERSONS TO GIVE EVIDENCE
OR ASSIST INVESTIGATIONS

If the Requesting State considers the personal appearance of a