Document ID: chunk:federal_register_of_legislation:F2016L00536:schedule:1:p3
Version: federal_register_of_legislation:F2016L00536
Segment Type: schedule
Provision Reference: sch 1 (pt 3/11)
Character Range: 8710–11652

of the Requested Party. Where appropriate, the Requested Party may, upon request, provide certified copies of documents.

3.                   The Requested Party shall promptly inform the Requesting Party of a decision not to comply in whole or in part with a request for assistance, or to postpone execution, and shall give reasons for that decision.

4.                   Before refusing to grant a request for assistance or before postponing the grant of such assistance, the Requested Party shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting Party accepts assistance subject to these conditions it shall comply with them.

5.                   For the purposes of Article 4(1)(g), in determining whether the offence is an offence against the law of both Parties:

       a)      it shall not matter whether the laws of the Parties place the acts or omissions constituting the offence within the same category of the offence or denominate the offence by the same terminology;

       b)      the totality of the acts or omissions shall be taken into account and it shall not matter whether, under the laws of the Parties, the constituent elements of the offence differ.

PART II
PROCEDURES

Article 5
Contents of Requests

 1.                 In all cases requests for assistance shall include:

       a)      the name and contact details of the competent authority conducting the investigation or proceedings to which the request relates;

       b)      a description of the nature of the investigation or proceedings, including a summary of the relevant facts and provision of the laws applicable to the request;

       c)      the purpose for which the request is made and the nature of the assistance sought;

       d)      the need, if any, for confidentiality and the reasons therefore; and

       e)      any time limit within which compliance with the request is desired.

2.                   To the extent necessary and possible, requests for assistance shall also contain the following information:

       a)      the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;

       b)      details of any particular procedure or requirement that the Requesting Party wishes to be followed and the reasons therefore;

       c)      in the case of requests for the taking of evidence or search and seizure, a statement indicating the basis for belief that evidence may be found in the jurisdiction of the Requested Party, as well as a precise description of the place to be searched and the articles to be seized or the appropriate person to be asked to produce the evidence;

       d)      in the case of requests to take evidence from a person, a statement as to whether sworn or affirmed statements are required, a description of the subject matter of the evidence or statement sought, and