Document ID: chunk:federal_register_of_legislation:F2016L00536:schedule:1:p6
Version: federal_register_of_legislation:F2016L00536
Segment Type: schedule
Provision Reference: sch 1 (pt 6/11)
Character Range: 16849–19791

c)      the expenses and fees of experts in the territory of either the Requested Party or the Requesting Party.

2.                   If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, the Parties shall consult to determine the terms and conditions under which the requested assistance can be provided.

PART III
SPECIFIC PROVISIONS

Article 12
Taking of evidence

 1.                 Where a request is made for the purpose of a proceeding in relation to a criminal matter in the territory of the Requesting Party, the Requested Party shall, upon request, take the evidence of witnesses for transmission to the Requesting Party.

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

3.                   For the purpose of requests under this Article the Requesting Party shall specify the subject matters about which persons are to be examined, including any questions to be put.

4.                   The Parties to the relevant proceedings in the Requesting Party, their legal representatives and representatives of the Requesting Party may, subject to the law and procedures of the Requested Party, appear, question or present questions to be made to the person being examined.

5.                   A person who is required to give evidence in the Requesting Party under this Article may decline to give evidence where either:

       a)      the law of the Requested Party permits that witness to decline to give evidence in similar circumstance in proceedings originating in the Requested Party; or

       b)      where the law of the Requesting Party permits that witness to decline to give evidence in such proceedings in the Requesting Party.

6.                   If any person claims that there is a right to decline to give evidence under the law of the Requesting Party, the Central Authority of that Party shall, upon request, provide a written declaration to the Central Authority of the Requested Party as to the existence of that right. In the absence of evidence to the contrary, the declaration shall provide sufficient evidence as to the existence of that right.

Article 13
Obtaining of Statements

 1.                 The Requested Party shall, upon request, endeavor to obtain statements of persons for the purpose of an investigation or proceeding in relation to a criminal matter in the territory of the Requesting Party.

2.                   For the purpose of requests made under this Article the Requesting Party shall specify the subject matter about which it seeks statements from persons, including any questions which it seeks to be put to the person.

Article 14
Presence of Persons Involved in Proceedings in the Requested Party

 1.                 The Requested Party shall, upon request, inform the Requesting Party of the time and place of