Document ID: chunk:federal_register_of_legislation:F2005B00011:body:0:p2
Version: federal_register_of_legislation:F2005B00011
Segment Type: other
Provision Reference: 
Character Range: 2779–5629

pursuant to other treaties or arrangements or otherwise.

ARTICLE 3

CENTRAL OFFICE

1. The Contracting Parties shall each appoint a Central Office to transmit and receive requests for the purpose of this Treaty. The Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Office of the Hellenic Republic shall be the Ministry of Justice, Athens. Either State shall notify the other of any change of its Central Office.

2. Requests for assistance shall be made through the Central Offices which shall arrange for the prompt carrying out of such requests.

ARTICLE 4

LETTERS ROGATORY

The requested State shall execute in the manner provided for by its law any letters rogatory relating to a criminal matter and addressed to it by the competent judicial authorities of the Requesting State for the purpose of procuring or transmitting articles to be produced in evidence, records or documents.

ARTICLE 5

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 State, have constituted an offence;

       (b) the law of the Requested State permits refusal on jurisdictional grounds;

       (c) the request relates to the prosecution or punishment of a person for an offence which, had it been committed in the Requested State, could no longer be prosecuted by reason of lapse of time or any other reason;

       (d) provision of the assistance sought could prejudice an investigation or proceeding in the Requested State, prejudice the safety of any person or impose an excessive burden on the resources