Document ID: chunk:federal_register_of_legislation:F2010L00604:body:0:p2
Version: federal_register_of_legislation:F2010L00604
Segment Type: other
Provision Reference: 
Character Range: 2721–5579

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;
       (h) serving documents; and
       (i) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

4. 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 regarding the instruments and proceeds of crime; and
       (c) the transfer of sentenced persons.

ARTICLE 2
CENTRAL AUTHORITY

1. The States shall each appoint a Central Authority to transmit and receive requests for the purpose of this Treaty. The Central Authority of Australia shall be the Attorney‑General's Department, Canberra and the Central Authority of The State of the United Arab Emirates shall be the Ministry of Justice. Either State shall notify the other of any change of its Central Authority.

2. Requests for assistance should be made through diplomatic channels to the Central Authority. In cases of urgency, requests may be transmitted directly between the Central Authorities. In such cases, copies of such requests shall also be sent through diplomatic channels as soon as practicable thereafter. The Central Authorities shall arrange for the prompt carrying out of such requests.

ARTICLE 3
REFUSAL 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 State as:
           (i) an offence of a political character; or
           (ii) an offence under military law of the Requested State which is not also an offence under the ordinary criminal law of the Requested State;
       (b) the request relates to the prosecution of a person for an offence in respect of which the offender has been finally acquitted or pardoned or has served the sentence imposed;
       (c) there are substantial grounds for believing that the request for assistance has been made for the purpose of prosecuting or punishing a person on account of that person's race, sex, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons; or
       (d) the Requested State is of the opinion that the request, if granted, would prejudice its sovereignty, security, national interest or other essential interests.

2. Assistance may be refused if:
       (a) the request relates to the prosecution or punishment of a person for an offence where the acts or omissions alleged to constitute that offence would not, if they had taken place within the jurisdiction of the Requested