Document ID: chunk:federal_register_of_legislation:F2017C00270:schedule:1:p3
Version: federal_register_of_legislation:F2017C00270
Segment Type: schedule
Provision Reference: sch 1 (pt 3/12)
Character Range: 10599–13631

the purpose of investigating, prosecuting or punishing a person on account of that person's race, sex, sexual orientation, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons; or
           (h) the Requested Party considers that there are substantial grounds for believing that, if the request was granted, any person would be in danger of being subjected to torture.

       (2) Assistance may be refused if:
           (a) provision of the assistance sought:
               (i) could prejudice an investigation or proceeding in the Requested Party; or
               (ii) would, or would be likely to, prejudice the safety of any person; or
               (iii) would impose an excessive burden on the resources of the Requested Party.
           (b) the request relates to the investigation, prosecution or punishment of a person for an offence in respect of which the death penalty may be imposed or executed unless the Requesting Party undertakes that the death penalty will not be imposed or, if imposed, will not be carried out.

       (3) In case the request is refused, the Requested Party shall, to the extent possible, inform the Requesting Party of the reasons for the refusal.

       (4) Before refusing to grant a request for 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 conditions, it shall comply with those conditions.

  ARTICLE 5
  CONTENTS OF REQUESTS

       (1) Requests for assistance shall include:
           (a) a description of the assistance sought and the purpose for which it is sought;
           (b) the name and contact details of the competent authority conducting the investigation or proceedings to which the request relates;
           (c) a summary of the criminal case, the applicable laws and punishment and progress of the investigation, prosecution or court proceedings;
           (d) a description of the acts or omissions alleged to constitute the offence;
           (e) in asset recovery matters—the order of the competent authority, if any, sought to be enforced and a statement to the effect that it is a final order;
           (f) details of any particular procedure or requirement that the Requesting Party wishes to be followed, including whether sworn or affirmed evidence or statements are required;
           (g) any requirements for confidentiality or limitations on the use of information; and
           (h) any time limits within which compliance with the request is sought.

       (2) Requests for assistance, to the extent necessary and possible, shall also include:
           (a) the identity, nationality, date of birth and location of the person or persons who are the subject of, or who may have information relevant to, the investigation or proceedings to which the request relates;
           (b) a description of the documents, records or articles of