Document ID: chunk:federal_register_of_legislation:F1996B01843:body:0:p5
Version: federal_register_of_legislation:F1996B01843
Segment Type: other
Provision Reference: 
Character Range: 10188–12971

law of the Requesting Party would permit the person to decline to give evidence in such proceedings in the territory of the Requesting Party.

5. Where a person giving evidence in the territory of one Party claims that there is a right to decline to give evidence under the law of the other Party, a certificate of that other Party shall conclusively determine that issue.

    ARTICLE 10

    (Proceeds of Crime)

1. The Requested Party shall, upon request, endeavour to ascertain whether any proceeds of the crime alleged are located within its jurisdiction and shall notify the Requesting Party of the results of its inquiries.  In making the request, the Requesting Party shall notify the Requested Party of the basis of its belief that such proceeds may be located in its jurisdiction.

2. The Requested Party shall, if its laws permit, arrange for a confiscation order relating to the proceeds of crime or any other measure having similar effect made by a Court of the Requesting Party to be given effect.

3. Where the Requesting Party notified its intention to seek the enforcement of a confiscation order or a similar measure, the Requested Party shall take such measures consistent with its law to prevent any dealing in, transfer or disposal of, the property which is or may be affected by those orders.

SCHEDULE—continued

4. Proceeds confiscated pursuant to this Treaty shall be retained by the Requested Party, unless otherwise mutually decided in a particular case.

5. In the application of this Article the rights of bona fide third parties shall be respected under the law of the Requested Party.

6. This Article also applies to property used in the commission of the offence.

ARTICLE 11

(Information on Sentences and Criminal Records)

1. The  Parties shall, as far as possible, notify each other of any penalties of imprisonment imposed on the nationals of the other Party.

2. Either Party may request details of the criminal record of a person.  The Requesting Party shall state the reasons for the request.  The Requested Party shall grant the request insofar as its authorities can obtain this information in accordance with its law.

ARTICLE 12

(Central Office)

1. Each Party shall designate a Central Office to send and receive requests and other communications relating to mutual assistance pursuant to this Treaty.

2. A Central Office receiving a request for assistance shall refer it to the appropriate authorities for execution and shall transmit the response or results of the request to the Central Office of the other Party.

SCHEDULE—continued

3. The Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Office of the Republic of Portugal shall be the Procuradoria-Geral da República, Lisbon.