Document ID: chunk:federal_register_of_legislation:F2005B00011:body:0:p3
Version: federal_register_of_legislation:F2005B00011
Segment Type: other
Provision Reference: 
Character Range: 5381–8240

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 6

CONTENTS OF REQUESTS

1. Requests for assistance shall be made in writing and shall include the following:

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

       (b) the purpose of the request and details of the assistance sought;

       (c) where possible the identity, nationality and location of the person who is the subject of, or who may have information relevant to, the investigation or proceeding;

       (d) where appropriate, the name and address of the person to be served;

       (e) a description of the acts, omissions or matters alleged to constitute the offence, except in the case of a request for service of documents;

       (f) details of any procedural or other requirements of the Requesting State;

       (g) where confidentiality is sought the reasons therefor;

       (h) specification of any time limit within which compliance with the request is desired; and

       (i) any court order sought to be enforced and a statement that it is a final order.

2. Requests, supporting documents and other communications made pursuant to this Treaty shall be in the language of the Requesting State and accompanied by a translation into the language of the Requested State.

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

ARTICLE 7

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.

3. The Requested State shall promptly inform the Requesting State of circumstances, when they become known to the Requested State, which are likely to cause a significant delay in responding to the request.