Document ID: chunk:federal_register_of_legislation:F2010L00604:body:0:p3
Version: federal_register_of_legislation:F2010L00604
Segment Type: other
Provision Reference: 
Character Range: 5338–8205

refused if:
       (a) the request relates to the prosecution or punishment of a person for 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;
       (b) the request relates to the prosecution or punishment of a person for 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 an offence committed outside its territory in similar circumstances;
       (c) the request relates to the prosecution or punishment of a person for 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;
       (d) 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; or
       (e) the request relates to provision of assistance that may result in the death penalty being imposed or executed, unless having regard to the interests of international criminal cooperation, the special circumstances of the case and to the extent permitted by the law of the Requested State, the Requested State considers that the assistance requested should be granted.

3. Before refusing to grant a request for assistance the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to conditions, it shall comply with those conditions.

ARTICLE 4
CONTENTS OF REQUESTS

1. Requests for assistance shall include:
       (a) the purpose of the request and a description of the assistance sought;
       (b) the name of the competent authority conducting the investigation or proceedings to which the request relates;
       (c) a description of the nature of the criminal matter including a statement of the relevant laws;
       (d) except in cases of request for service of documents, a description of the acts or omissions or matters alleged to constitute the offence;
       (e) the court order, if any, sought to be enforced and a statement to the effect that it is a final order;
       (f) details of any particular procedure or requirement that the Requesting State wishes to be followed, including a statement as to whether sworn or affirmed evidence or statements are required;
       (g) the requirements, if any, of confidentiality and the reasons therefore; and
       (h) specification of any time limit within which compliance with the request is desired.

2. Requests for assistance, to the extent necessary and insofar as possible, shall also include:
       (a) the identity, nationality and location of the person