Document ID: chunk:federal_register_of_legislation:F2006L03651:body:0:p7
Version: federal_register_of_legislation:F2006L03651
Segment Type: other
Provision Reference: 
Character Range: 15658–18397

subject to such terms and conditions as the Requested Party considers necessary, use or transfer information or evidence provided by the Requested Party nor anything derived from such information or evidence, for purposes other than those stated in the request.

4. Notwithstanding paragraph 3, in cases where the charge is altered, the information or evidence provided may, with the prior written consent of the Requested Party, be used in so far as the offence, as charged, is an offence in respect of which mutual assistance could be provided under this Treaty.

ARTICLE 10
SERVICE OF DOCUMENTS

1. The Requested Party shall, upon request, use its best endeavours to effect service of any document relevant to a criminal matter in the Requesting Party.

2. The Requesting Party shall transmit any request for the service of a document requiring a response from or appearance of a person in the Requesting Party not later than 45 days before the date on which the response or appearance is required. In urgent cases, the Requested Party may waive this requirement.

3. The Requested Party may effect service of any document by mail or, if the Requesting Party so requests, in any other manner required by the laws of the Requesting Party which is not inconsistent with the laws of the Requested Party.

4. The Requested Party shall forward to the Requesting Party proof of service of the documents. If service cannot be effected, the Requesting Party shall be so informed and advised of the reasons.

ARTICLE 11
LOCATION OR IDENTIFICATION OF PERSONS

The Requested Party shall, upon request, use its best endeavours to ascertain the location or identity of a person specified in the request and who is reasonably believed to be within its territory.

ARTICLE 12
OBTAINING VOLUNTARY STATEMENTS

1. The Requested Party shall, upon request, endeavour to obtain voluntary statements from persons for the purpose of an investigation, prosecution or proceedings related to a criminal matter for transmission to the Requesting Party.

2. A request under this Article shall specify the subject matter about which a voluntary statement is to be obtained, including any questions to be put to the person from whom the statement is to be obtained.

ARTICLE 13
TAKING OF EVIDENCE

1. Where a request is made for the purpose of proceedings related to a criminal matter in the Requesting Party, the Requested Party shall take the evidence of persons for transmission to the Requesting Party.

2. For the purposes of this Treaty, the taking of evidence shall include the production of documents, records or other items.

3. A request under this Article shall specify the subject matter about which evidence is to be taken, including any questions to be