Document ID: chunk:federal_register_of_legislation:F2010L01914:body:0:p2
Version: federal_register_of_legislation:F2010L01914
Segment Type: other
Provision Reference: 
Character Range: 2701–5675

or common law offences, including those relating to forfeiture, confiscation and restraint of property and imposition of pecuniary penalties, in respect of such an offence.

2. Criminal matters shall include investigations, prosecutions or proceedings relating to offences concerning taxation, duties, customs, foreign exchange and other revenue matters.

3. Mutual legal assistance includes:-

    (a) taking of evidence and obtaining of statements of persons including the execution of letters rogatory;

    (b) provision of information, documents and other records;

    (c) location and identification of persons and objects;

    (d) execution of requests for search and seizure;

    (e) measures to locate, restrain and forfeit the proceeds and instruments of crime;

    (f) seeking the consent of persons to be available to give evidence or to assist in investigations in the Requesting State and, where such persons are in custody, arranging for their temporary transfer to that State;

    (g) service of documents, including judicial documents; and

    (h) other assistance consistent with the objects of this Treaty which is not inconsistent with the laws of the Requested State.

4. Mutual legal assistance shall not include:-

    (a) the extradition of any person;

    (b) the execution in the Requested State of criminal judgments imposed in the Requesting State except to the extent permitted by the law of the Requested State and this Treaty; and

    (c) the transfer of persons in custody to serve sentences.

ARTICLE 3
COMPATIBILITY WITH OTHER TREATIES

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

ARTICLE 4
CENTRAL AUTHORITIES

1. The Central Authorities shall transmit and receive all requests for the purposes of this Treaty.

2. The Central Authority for Australia is the Attorney-General's Department and for the Republic of India is the Ministry of Home Affairs. Either Contracting State shall notify the other of any change of its Central Authority.

3. The Central Authorities shall arrange for the prompt execution of such requests. The Central Authorities may communicate with one another for the purposes of this Treaty.

ARTICLE 5
REFUSAL OR POSTPONEMENT OF ASSISTANCE

1. Assistance shall be refused if the request relates to the prosecution of a person for a military offence, which is not also an offence under the general criminal law.

2. Assistance may be refused if the request relates to the prosecution of a person for an offence that is regarded by the Requested State as an offence of a political character. For the purposes of this Treaty the following offences shall not be regarded as offences of a political character:

    (a) an offence in respect of which the Contracting States