Document ID: chunk:federal_register_of_legislation:F1996B02580:body:0:p7
Version: federal_register_of_legislation:F1996B02580
Segment Type: other
Provision Reference: 
Character Range: 15746–18597

to Articles 12 or 13 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 request.

ARTICLE 15

Provision of Publicly Available and Official Documents

1. The Requested Party shall provide copies of documents and records that are open to public access as part of a public register or otherwise, or that are available for purchase by the public.

2. If the legal provisions of the Requested Party do not prohibit it, the Requested Party may provide any record or information in the possession of a government office or agency, but not publicly available, to the same extent and under the same conditions as it would be available to its own law enforcement or judicial authorities.

ARTICLE 16

Certification and Authentication

1. Documents or materials supporting a request for assistance involving the use of compulsory measures or the forfeiture of proceeds or instrumentalities of crime shall be authenticated in accordance with paragraphs 2 or 3 of this Article. Documents or materials furnished in response to a request shall be similarly authenticated if requested.

2. Documents and materials to be used in Australia are authenticated for the purposes of this Treaty if:
         (a) they purport to be certified by a competent authority under United Mexican States law; and
         (b) they purport to be sealed with an official seal of the United Mexican States.

3. Documents and material to be used in the United Mexican States are authenticated for the purposes of this Treaty if:

         (a) they are certified by a competent authority under Australian law; and
         (b) they are legalised by the Australian Department of Foreign Affairs and Trade and by the Mexican diplomatic or consular representative duly accredited to Australia.

ARTICLE 17

Search and Seizure

1. The Requested Party shall, insofar as its law permits, carry out requests for search and seizure and delivery of material to the Requesting Party provided the information supplied, including additional information requested pursuant to paragraph 4 of Article 5, if any, would justify such action under the law of the Requested Party.

2. The Requested Party shall provide such information as may be required by the Requesting Party concerning the result of any search, the place of seizure, the circumstances of seizure and the subsequent custody of the material seized.

3. The Requesting Party shall observe any conditions imposed by the Requested Party in relation to any seized material which is delivered to the Requesting Party.

ARTICLE 18

Proceeds of Crime

1. The Requested Party shall, upon request, endeavour to ascertain whether any proceeds or instrumentalities of a crime are located within its jurisdiction