Document ID: chunk:federal_register_of_legislation:F1996B01930:body:0:p2
Version: federal_register_of_legislation:F1996B01930
Segment Type: other
Provision Reference: 
Character Range: 2656–5452

also an offence under the law of the Requested State.

SCHEDULE—continued
ARTICLE 2
REFUSAL OF ASSISTANCE
Assistance may be refused:
     (a) if the request relates to political offences or offences connected with political offences in the opinion of the Requested State. The mere allegation of a political reason or motive for the commission of the offence shall not of itself render the offence an offence of a political character. For the purposes of this Treaty the following shall not be considered political offences:
          (i) an attack against the life of a Head of State or a Head of Government or a member of his or her family;
          (ii) an offence against the law relating to genocide; or
          (iii) any offence specified in an international agreement to which both Contracting States are parties;
     (b) when the request could affect the sovereignty, the security or other essential public interests of the Requested State or for any other reason provided by its law;
     (c) when, in respect of the offence to which the request relates, the person has been finally acquitted or has served the sentence in either of the two States or in a third State; or
     (d) when the purpose of the request is to prosecute a person for reasons of race, religion, nationality, political opinion or sex or if that person's position may be prejudiced for any of these reasons.

ARTICLE 3
COMPETENT AUTHORITIES AND CENTRAL OFFICE
1. A request for assistance may be made by a person authorised by the law of the Requesting State being a judicial authority, public prosecutor, the Attorney General or his or her delegate.

2. The Contracting State 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 for Spain shall be the Secretaria General Técnica, Ministry of Justice, Madrid. Where a Contracting State designates another authority for the purposes of this Article, it shall do so through the diplomatic channel.

3. The request for assistance shall be conveyed by the diplomatic channel. Nevertheless, in cases of urgency, the request shall be made through the Central Office and shall be confirmed at the earliest possible opportunity through the diplomatic channel.

4. The Contracting States may entrust their consuls with the execution of procedures permitted by the law of the Requested State.

ARTICLE 4
EXECUTION OF REQUESTS
1. A request shall be executed in accordance with the law of the Requested State and shall be limited to the assistance expressly requested.

2. The Requested State shall promptly inform the Requesting State of a decision of