Document ID: chunk:federal_register_of_legislation:F1996B02320:body:0:p5
Version: federal_register_of_legislation:F1996B02320
Segment Type: other
Provision Reference: 
Character Range: 10821–13574

as well as the name of the person to whom the document was delivered.  If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.

ARTICLE 10

Taking of evidence

 1. The Requested State shall, upon request, take the evidence of witnesses or experts for transmission to the Requesting State.

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

 3. The Requested State shall, if requested, advise the Requesting State of the date and place for the evidence to be taken.

 4. The parties to the relevant proceedings in the Requesting State, their legal representatives and representatives of the Requesting State may, subject to the law of the Requested State, appear and question the person being examined.

ARTICLE 11

Obtaining of statements of persons

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

ARTICLE 12

Availability of persons to give evidence or assist investigations

 1. The Requesting State may request the assistance of the Requested State in inviting a person to:
         (a) appear as a witness in proceedings in relation to a criminal matter in the Requesting State unless that person is the person charged; or
         (b) assist investigations in relation to a criminal matter in the Requesting State.

 2. The Requested State shall, if satisfied that satisfactory arrangements for that person's security will be made by the Requesting State, invite the person to consent to appear as a witness or expert in proceedings or to assist in the investigation.

ARTICLE 13

Safe conduct

 1. Subject to paragraph 2, where a person is in the Requesting State pursuant to a request made under Articles 9 or 12 that person shall not be detained, prosecuted or punished or subjected to any other restriction of personal liberty, in respect of any act or omission which preceded the person's departure from the Requested State.

 2. Where a person is in the Requesting State in answer to a summons served pursuant to Article 9 of this Agreement and is the person suspected or accused, that person may, except where he or she consents, be prosecuted and punished only for the acts or omissions constituting the offence specified in the summons.

 3. Paragraph 1 of this Article shall cease to apply if that person, being free to leave, has not left the Requesting State within a period of thirty days after that person has been officially notified that that person's presence is no longer required or, having left, has returned.

 4. A person