Document ID: chunk:federal_register_of_legislation:F2007L00302:body:0:p2
Version: federal_register_of_legislation:F2007L00302
Segment Type: other
Provision Reference: 
Character Range: 2685–5756

or obtaining statements from persons;
       (b) providing documents, records and articles of evidence;
       (c) locating and identifying persons;
       (d) execution of requests for search and seizure;
       (e) measures to locate, restrain and forfeit the instruments and proceeds of crime;
       (f) seeking the consent of persons and making arrangements for such persons to give evidence or to assist in criminal investigations in the Requesting Party and, where such persons are in custody, arranging for their temporary transfer to the Requesting Party;
       (g) serving documents relating to criminal matters;
       (h) obtaining and providing expert evaluations;
       (i) conducting inspections or examining sites or objects to the extent that it is not inconsistent with the laws of the Requested Party;
       (j) notifying results of criminal proceedings and supplying criminal records;
       (k) exchanging information on law; and
       (l) any other forms of assistance consistent with the objects of this Treaty which is not inconsistent with the laws of the Requested Party.

4. Assistance shall not include:
       (a) the extradition of any person;
       (b) the execution in the Requested Party of criminal judgments, verdicts or decisions rendered in the Requesting Party except to the extent permitted by the laws of the Requested Party and this Treaty;
       (c)        the transfer of the sentenced person for serving sentences; and
       (d)              the transfer of criminal proceedings.

5. The provisions of this Treaty shall not create any right on the part of any private person to obtain or exclude evidence pursuant to this Treaty.

ARTICLE 2
other arrangements

 This Treaty shall not derogate from obligations subsisting between the Parties pursuant to other international agreements, nor shall it prevent the Parties providing assistance to each other pursuant to other international agreements or otherwise.

ARTICLE 3
CENTRAL AUTHORITIES

1.  For the purpose of this Treaty, the Central Authorities designated by the Parties shall communicate directly with each other for matters concerning mutual legal assistance.

2. The Central Authorities referred to in paragraph 1 of this Article shall be the Commonwealth Attorney‑General's Department for Australia and the Ministry of Justice for the People's Republic of China.

3.  Should either Party change its designated Central Authority, it shall inform the other Party of such change through diplomatic channels.

4. Requests for assistance shall be made and received through the Central Authorities.

ARTICLE 4
REFUSAL OR POSTPONEMENT OF ASSISTANCE

1. Assistance shall be refused if:
       (a) the request relates to the prosecution or punishment of a person for an offence that is regarded by the Requested Party as:
           (i) a political offence, or
           (ii) an offence which only constitutes a military offence;
       (b) the request relates to the prosecution of a person for an offence in respect of which the offender has been finally convicted,