Document ID: chunk:federal_register_of_legislation:F1997B02795:body:0:p2
Version: federal_register_of_legislation:F1997B02795
Segment Type: other
Provision Reference: 
Character Range: 2858–5751

(f) where the Requesting State so requests, seeking the consent of persons to be available to give evidence or to assist in investigations in the Requesting State, and where such persons are in custody arranging for their temporary transfer to that State;
        (g) service of documents; and
        (h) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

    5. Assistance shall not include:
        (a) the extradition of any person;
        (b) the execution in the Requested State of criminal judgments imposed in the Requesting State except to the extent permitted by the law of the Requested State and this Treaty;
        (c) the transfer of persons in custody to serve sentences.

ARTICLE 2

OTHER ASSISTANCE

This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties or arrangements or otherwise nor prevent the Contracting Parties providing assistance to each other pursuant to other treaties or arrangements.

ARTICLE 3

CENTRAL OFFICE

    1. To ensure that requests under this Treaty are transmitted and received in accordance with their respective laws, the Contracting Parties shall each appoint a Central Office to transmit and receive requests for the purpose of this Treaty.  The Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Office of Ecuador shall be the Dirección General de Asuntos Legales of the Ministry of Foreign Affairs.  Either State shall notify the other of any change of its Central Office.

    2. Requests for assistance shall be made through the Central Offices which shall arrange for the prompt carrying out of such requests.

ARTICLE 4

REFUSAL OF ASSISTANCE

1. Assistance shall be refused if:
        (a) the request relates to the prosecution or punishment of a person for an offence that is regarded by the Requested State as an offence of a political character; or an offence under military law of the Requested State which is not also an offence under the ordinary criminal law of the Requested State;
        (b) the request relates to the prosecution of a person for an offence in respect of which the offender has been finally acquitted or pardoned or has served the sentence imposed;
        (c) there are substantial grounds for believing that the request for assistance has been made for the purpose of prosecuting or punishing a person on account of that person's race, sex, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons; or
        (d) the Requested State is of the opinion that the request, if granted, would seriously prejudice its sovereignty, security, national interest or other essential interests.

    2. Assistance may be refused if:
        (a) the request relates to