Document ID: chunk:federal_register_of_legislation:F2001B00198:body:0:p3
Version: federal_register_of_legislation:F2001B00198
Segment Type: other
Provision Reference: 
Character Range: 5385–8226

to the prosecution 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 of that State; or

       (e) the request relates to the prosecution or punishment of a person for an offence in respect of which the death penalty may be imposed or executed.

3. Before refusing to grant a request for assistance the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary.  If the Requesting State accepts assistance subject to conditions, it shall comply with those conditions.

Article 5
Contents of requests

1. Requests for assistance shall include the following information:

       (a) the authority on whose behalf the request is made;

       (b) the objects of, and reasons for, the request;

       (c) except in cases of a request for service of documents:

           (i) a description of the acts or omissions or matters alleged to constitute the offence;

           (ii) a copy of the provisions of the relevant enactments or, where this is not possible, a statement of the relevant law creating the offence; and

       (d) the court order, if any, sought to be enforced and a statement to the effect that it is a final order;

       (e) details of any particular procedure or requirement that the Requesting State wishes to be followed.

2. Requests for assistance, to the extent necessary and insofar as possible, shall also include:

       (a) the identity, nationality and location of the relevant person or persons;

       (b) a description of the evidence to be produced; and

       (c) relevant details as to the allowances and expenses to which a person appearing in the Requesting State will be entitled.

3. Requests, supporting documents and other communications shall be accompanied by a translation into the language of the Requested State.

4. If the Requested State considers that the information contained in a request is not sufficient to enable the request to be dealt with in accordance with this Treaty, it may request additional information.

Article 6
Execution of requests

1. Requests for assistance shall be carried out in accordance with the law of the Requested State and, insofar as it is not incompatible with that law, in the manner requested by the Requesting State.

2. The Requested State may postpone the delivery of material requested if such material is required for proceedings in respect of criminal or civil matters in that State.  The Requested State shall, upon request, provide certified copies of documents.