Document ID: chunk:federal_register_of_legislation:F2016L00536:schedule:1:p7
Version: federal_register_of_legislation:F2016L00536
Segment Type: schedule
Provision Reference: sch 1 (pt 7/11)
Character Range: 19543–22458

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 execution of the request for assistance.

2.                   To the extent not prohibited by the law of the Requested Party, judges or officials of the Requesting Party and other persons concerned in the investigation or proceedings may be permitted to be present at the execution of the request and to participate in the proceedings in the territory of the Requested Party.

Article 15
Transmission and Return of Documents and Objects

 1.                 When the request for assistance concerns the transmission of records or documents, copies or originals, if required, may be transmitted by the Requested Party.

2.                   The original records or documents and the objects transmitted to the Requesting Party shall be returned to the Requested Party as soon as possible, upon the latter's request.

Article 16
Availability of Persons to Give Evidence or Assist Investigations in the
Requesting Party

 1.                 The Requesting Party may request that a person be made available to give evidence or to assist an investigation.

2.                   The Requested Party shall, if satisfied that appropriate arrangements for the person's security will be made, seek that person's consent to assist in the investigation or to appear as a witness to give evidence in the Requesting Party. That person shall be informed of any expenses and/or allowances payable.

Article 17
Making Persons in Custody Available to Give Evidence or Assist Investigations

 1.                 A person in custody in the territory of the Requested Party may, at the request of the Requesting Party, be temporarily transferred to the Requesting Party to give evidence or assist in investigations or proceedings, provided that the person consents to that transfer and there are no overriding grounds against transferring the person.

2.                   Where the person transferred is required to be kept in custody under the law of the Requested Party, the Requesting Party shall hold that person in custody and shall return the person in custody at the conclusion of the execution of the request or at such earlier time as that person is no longer required.

3.                   Where the Requested Party advises the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be set at liberty and treated as a person present in the territory of the Requesting Party pursuant to a request under Article 16.

Article 18
Safe Conduct

 1.                 Any person who attends in the territory of the Requesting Party pursuant to Article 16 or 17 shall not:

       a)      be detained, prosecuted or punished