Document ID: chunk:federal_register_of_legislation:F2017C00270:schedule:1:p1
Version: federal_register_of_legislation:F2017C00270
Segment Type: schedule
Provision Reference: sch 1 (pt 1/12)
Character Range: 4988–8164

Schedule 1—Treaty on Mutual Legal Assistance in Criminal Matters between Australia and the Socialist Republic of Viet Nam
Note: See section 5.

TREATY
ON MUTUAL LEGAL ASSISTANCE
IN CRIMINAL MATTERS
BETWEEN
AUSTRALIA
AND
THE SOCIALIST REPUBLIC OF VIET NAM

Australia and the Socialist Republic of Viet Nam ("the Parties")

DESIRING to extend to each other the widest measure of cooperation to combat crime;
HAVING DUE REGARD for human rights and the rule of law;
HAVE AGREED as follows:

  ARTICLE 1
  SCOPE OF APPLICATION

       (1) The Parties shall, in accordance with this Treaty and their respective laws, grant to each other assistance in investigations or proceedings in respect of criminal matters.

       (2) Criminal matters include matters connected with offences against a law relating to taxation, customs duties, foreign exchange control and other revenue matters.

       (3) Assistance granted under this Treaty shall include:
           (a) taking evidence and obtaining statements of persons, including the execution of letters rogatory;
           (b) providing documents, records, and evidence;
           (c) locating and identifying persons;
           (d) executing requests for search and seizure;
           (e) locating, restraining and forfeiting the proceeds and/or instruments of crime;
           (f) seeking the consent of persons to be available to give evidence or to assist in investigations in the Requesting Party, and where such persons are in custody, arranging for their temporary transfer to that Party;
           (g) service of documents;
           (h)  collection of forensic material;
           (i) exchanging of information; and
           (j) other assistance consistent with the objects of this Treaty which is not inconsistent with the laws of the Requested Party.

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

  ARTICLE 2
  OTHER ASSISTANCE

This Treaty shall not derogate from obligations between the Parties whether pursuant to other treaties or arrangements or otherwise, or prevent the Parties providing assistance to each other pursuant to other treaties or arrangements or otherwise.

  ARTICLE 3
  CENTRAL AUTHORITY

       (1) The Parties shall each appoint a Central Authority for the purpose of facilitating this Treaty.

       (2) The Central Authority of Australia shall be the Attorney‑General's Department, Canberra.  The Central Authority of the Socialist Republic of Viet Nam shall be the Supreme People's Procuracy.  The Central Authorities may communicate directly with each other.

       (3) Either Party shall notify the other of any change to its appointed Central Authority.

       (4) Requests for assistance shall be made through the Central Authority which shall arrange for the prompt carrying out of requests under this Treaty.

  ARTICLE 4
  REFUSAL