Document ID: chunk:federal_register_of_legislation:F2010L00604:body:0:p7
Version: federal_register_of_legislation:F2010L00604
Segment Type: other
Provision Reference: 
Character Range: 15515–18169

expedient and in the interests of justice to do so.

ARTICLE 12
AVAILABILITY OF OTHER PERSONS TO GIVE EVIDENCE
OR ASSIST INVESTIGATIONS

1. The Requesting State may request the assistance of the Requested State in obtaining a person's consent 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, request the person to consent to appear as a witness in proceedings or to assist in the investigations.

3. Nothing in this Article shall prevent the use of live video or live television links or other appropriate communication facilities in accordance with the laws and procedures of the Requested State if it is expedient and in the interests of justice to do so.

ARTICLE 13
SAFE CONDUCT

1. Subject to paragraph 2 of this Article, where a person is in the Requesting State pursuant to a request made under Articles 11 or 12:
       (a) that person shall not be detained, prosecuted or punished in the Requesting State, for any offence, nor be subject to any civil suit, being a civil suit to which the person could not be subjected if the person were not in the Requesting State, in respect of any act or omission which preceded the person's departure from the Requested State; and
       (b) that person shall not, without that person's consent, be required to give evidence in any proceeding or to assist any investigation other than the proceeding or investigation to which the request relates.

2. 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 30 days after that person has been officially notified that that person's presence is no longer required or, having left, has returned. The period of the 30 day immunity may be extended to take account of circumstances beyond the control of that person which do not include the commission of a criminal offence.

3. A person appearing in the Requesting State pursuant to a request made under Articles 11 or 12 shall be subject to the law of that State relating to contempt, perjury and the making of false declarations.

4. A person who does not consent to a request pursuant to Articles 11 or 12 shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure notwithstanding any contrary statement in the request or in any document accompanying the