Document ID: chunk:federal_register_of_legislation:F1996B01843:body:0:p6
Version: federal_register_of_legislation:F1996B01843
Segment Type: other
Provision Reference: 
Character Range: 12701–15699

of the request to the Central Office of the other Party.

SCHEDULE—continued

3. The Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Office of the Republic of Portugal shall be the Procuradoria-Geral da República, Lisbon.

ARTICLE 13

(Requirements for the Request for Assistance)

1. A request for assistance shall be signed by the Central Office and shall include the following:
         a) the name of the authority on whose behalf the request is made;
         b) a precise description of the assistance requested;
         c) a statement of the offence to which the request relates, a brief description of the acts or omissions constituting the offence and information on the date and place where it occurred;
         d) to the extent possible, the identity and nationality of the person or persons who are the subject of the investigation or proceeding referred to in the request;
         e) in cases of service of judicial decisions or any other documents or notifications the name and address, if known, of the person to be served or notified;
         f) any requirement for authentication;
         g) details of any particular procedure or requirement that the Requesting Party wishes to be followed including confidentiality and time limits to be observed.

2. The Requesting Party shall send additional information required by the Requested Party as necessary to execute the request.

ARTICLE 14

(Authentication)

Where authentication is requested, material or documents are authenticated for the purpose of this Treaty if:

SCHEDULE—continued

         a) it purports to be signed or certified by a Judge, Magistrate or officer in or of the Sending Party; and
         b) it purports to be sealed with an official or public seal of the Sending Party or of a Minister of State, or of a Department or officer of the Government, of the Sending Party.

ARTICLE 15

(Language)

Requests, supporting documents and other communications made pursuant to this Treaty shall be in the language of the Requesting Party and accompanied by a translation into the language of the Requested Party.

ARTICLE 16

(Other Assistance)

This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties or arrangements or otherwise nor prevent the Contracting Parties providing assistance to each other pursuant to other treaties or arrangements.

ARTICLE 17

(Protecting Confidentiality and Restricting Use of Evidence and Information)

1. The Requested Party, if so requested, shall keep the application for assistance, the contents of a request and its supporting documents, and the fact of granting of such assistance, confidential.

SCHEDULE—continued

If the request cannot be executed without breaching confidentiality, the Requested Party shall so inform the Requesting Party which shall then determine whether the request should nevertheless be executed.

2. The Requesting Party,