Document ID: chunk:federal_register_of_legislation:F1996B01848:body:0:p2
Version: federal_register_of_legislation:F1996B01848
Segment Type: other
Provision Reference: 
Character Range: 2816–5727

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

SCHEDULE—continued
ARTICLE 3
CENTRAL OFFICES
1. The Contracting Parties shall each appoint a Central Office to transmit and receive requests for the purpose of this Treaty. Until the relevant Contracting Party designates another authority, the Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Offices for the Kingdom of the Netherlands shall be:
— for the Kingdom in Europe:     The Ministry of Justice, The Hague:
— for the Netherlands Antilles:  The Ministry of Justice, Willemstad. Curacao; and
— for Aruba:                     The Ministry of Justice, Oranjestad. Aruba.

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 an offence that is regarded by the Requested State as 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 an offence in respect of which the offender has been finally acquitted or pardoned, has served the sentence imposed, or in respect of which the Requested State has decided to refrain from prosecution;
     (c) there are substantial grounds for believing that the request for assistance has been made to facilitate the prosecution of 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 impair its sovereignty, security, national interest or similar essential interests.
2. Assistance may be refused if:
     (a) the request relates to an offence that is regarded by the Requested State as an offence of a political character;
     (b) the request relates to an offence where the acts or omissions alleged to constitute that offence would not, if they had taken place within the jurisdiction of the Requested State, have constituted an offence; or
     (c) the provision of the assistance sought could prejudice an investigation or criminal or civil proceeding in the Requested State, prejudice the safety of any person or impose an excessive burden on the resources of that State.
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 these conditions, it shall comply with the conditions.