Document ID: chunk:federal_register_of_legislation:F2016L00536:schedule:1:p4
Version: federal_register_of_legislation:F2016L00536
Segment Type: schedule
Provision Reference: sch 1 (pt 4/11)
Character Range: 11410–14345

to produce the evidence;

       d)      in the case of requests to take evidence from a person, a statement as to whether sworn or affirmed statements are required, a description of the subject matter of the evidence or statement sought, and a list of questions to be asked;

       e)      in the case of delivery of evidence, the person or class of persons who will have custody of the evidence, the place to which the evidence is to be removed, any tests to be conducted and the date, if any, by which the evidence will be returned;

       f)       in the case of making persons in custody available for giving evidence or assisting in investigations, the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person's return;

       g)      the court order, if any, sought to be enforced and a statement to the effect that it is a final order; and/or

       h)      information as to any allowances and/or expenses to which a person giving evidence or assisting in investigations in the Requesting Party would be entitled.

3.                   If the Requested Party considers that the information contained in the request is not sufficient in accordance with this Treaty to enable the request to be dealt with, that Party may request that additional details be furnished.

4.                   A request for assistance shall be in writing. However, in urgent circumstances, a request may be made by any means capable of producing a written record under conditions allowing the Requested Party to establish authenticity. In such cases the Requesting Party shall confirm the request in writing promptly thereafter unless the Requested Party agrees otherwise.

Article 6
Central Authorities

 1.                 Each Party shall designate a Central Authority for transmitting and receiving requests under this Treaty. The Central Authority for Australia shall be the Commonwealth Attorney‑General's Department; the Central Authority for Brazil shall be the Ministry of Justice.

2.                   Requests under this Treaty shall be made by the Central Authority of the Requesting Party to the Central Authority of the Requested Party. However, the Parties may at any time designate any other authority as a Central Authority for the purposes of this Treaty. Notification of such a designation will take place through diplomatic channels.

3.                   The Central Authorities shall communicate directly with each other, however this does not preclude communication through diplomatic channels.

Article 7
Limitation of use and Confidentiality

 1.                 The Requested Party may require, after consultation with the Requesting Party, that information or evidence furnished or the source of such information or evidence be kept confidential or be disclosed or used only subject to such terms and conditions as