Document ID: chunk:federal_register_of_legislation:F1999B00031:body:0:p2
Version: federal_register_of_legislation:F1999B00031
Segment Type: other
Provision Reference: 
Character Range: 2881–5929

(f) effecting the temporary transfer of persons in custody to appear as witnesses;

       (g) obtaining production of judicial or official records;

       (h) tracing, restraining, forfeiting and confiscating property used in or derived from criminal activities and the proceeds of criminal activities;

       (i) providing information, documents and records;

       (j) delivery of property, including lending of exhibits; and

       (k) other assistance consistent with the objects of this Agreement which is not inconsistent with the law of the Requested Party.

(3) Assistance under this Agreement may be granted in connection with offences against a law related to taxation, customs duties, foreign exchange control or other revenue matters but not in connection with non-criminal proceedings relating thereto.

(4) Assistance shall not include:

       (a) the surrender of any fugitive offender;

       (b) the execution in the Requested Party of criminal judgments imposed in the Requesting Party except to the extent permitted by the law of the Requested Party and this Agreement; and

       (c) the transfer of persons in custody to serve sentences.

Article II
Central Authority

(1) Each Party shall establish a Central Authority.

(2) The Central Authority of Hong Kong shall be the Attorney General or his duly authorised officer.  The Central Authority for Australia shall be the Attorney-General's Department, Canberra.

(3) Requests under this Agreement shall be made only by the Central Authority of the Requesting Party to the Central Authority of the Requested Party.

Article III
Other assistance

The Parties may provide assistance pursuant to other agreements, arrangements or practices.

Article IV
Limitations on compliance

(1) The Requested Party shall refuse assistance if:

       (a) the request for assistance impairs the sovereignty, security or public order of Australia or, in the case of Hong Kong, of the State which is responsible for the foreign affairs relating to Hong Kong;

       (b) the request for assistance relates to an offence of a political character;

       (c) the request for assistance relates to an offence only under military law;

       (d) there are substantial grounds for believing that the request for assistance will result in a person being prejudiced on account of that person's race, sex, religion, nationality or political opinions;

       (e) the request for assistance relates to the prosecution of a person for an offence in respect of which the person has been convicted, acquitted or pardoned in the Requesting or Requested Party or has served the sentence imposed in either Party;

       (f) it is of the opinion that the granting of the request would seriously impair its essential interests; or

       (g) the acts or omissions alleged to constitute the offence would not, if they had taken place within the jurisdiction of the Requested Party, have constituted an offence.

(2) The Requested Party may refuse assistance if:

       (a)