Document ID: chunk:federal_register_of_legislation:F2017C00270:schedule:1:p5
Version: federal_register_of_legislation:F2017C00270
Segment Type: schedule
Provision Reference: sch 1 (pt 5/12)
Character Range: 16045–18885

fact of granting such assistance, confidential.

       (2) If the request cannot be executed without breaching confidentiality, the Requested Party shall inform the Requesting Party, which shall then determine whether the request should be executed.

       (3) The Requesting Party, if requested, shall keep information and evidence provided by the Requested Party confidential, except to the extent that the evidence and information is needed for the investigation or proceeding to which the request relates.

       (4) The Requesting Party shall not use or disclose information or evidence obtained under this Treaty, nor anything derived from either, for any purpose other than those stated in the request, without the prior consent of the Requested Party.

  ARTICLE 9
  SERVICE OF DOCUMENTS

       (1) The Requested Party shall effect service of documents which are transmitted to it for this purpose by the Requesting Party.

       (2) A request to effect service of a document requiring the appearance of a person shall be made to the Requested Party at a reasonable time before the date on which the appearance is required. A person who fails to comply with a document requiring his or her appearance shall not thereby be liable to any penalty or coercive measure pursuant to the laws of the Requesting Party or Requested Party unless he or she subsequently voluntarily enters the territory of the Requesting Party and is there again duly served.

       (3) The Requested Party may effect service of any document by mail or, if the Requesting Party requests, in any other manner required by the laws of the Requesting Party which is not inconsistent with the laws of the Requested Party.

       (4) The Requested Party shall forward to the Requesting Party proof of service of the documents.  If service cannot be effected, the Requesting Party shall be informed and advised of the reasons.

  ARTICLE 10
  TAKING OF EVIDENCE

       (1) Where a request is made for the purpose of a proceeding in relation to a criminal matter in the Requesting Party, the Requested Party shall, upon request, take the evidence of witnesses for transmission to the Requesting Party.

       (2) For the purposes of this Treaty, the giving or taking of evidence shall include the production of documents, records or other material.

       (3) A request under this Article shall specify the subject matter about which evidence is to be taken, including any questions to be put to persons from whom evidence is to be taken.

       (4) The Requested Party, upon the request of the Requesting Party, may allow such persons as specified in the request to participate in taking of evidence, subject to the laws and procedures of the Requested Party.

       (5) Live video or audio links or other appropriate communication facilities may be used