Document ID: chunk:federal_register_of_legislation:F2006L03651:body:0:p3
Version: federal_register_of_legislation:F2006L03651
Segment Type: other
Provision Reference: 
Character Range: 5333–8156

Department, Canberra and the Central Authority for Malaysia shall be the Attorney General. Each Party shall expeditiously notify the other of any change in the designation of its Central Authority.

2. The Central Authorities shall communicate directly with one another but may, if they choose, communicate through the diplomatic channel.

ARTICLE 4
REFUSAL OF ASSISTANCE

1. Assistance shall be refused if:

(a) the request relates to the investigation, prosecution or punishment of a person for an offence that is regarded by the Requested Party as, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character;

(b) the request relates to the investigation, prosecution or punishment of a person for an offence that had it occurred in the Requested Party, would have constituted an offence under the military law of the Requested Party but not also under the ordinary criminal law of the Requested Party;

(c) the request relates to the investigation, prosecution or punishment of a person for an offence in respect of which the person:

(i) has been finally convicted, acquitted or pardoned by a competent court or other authority in the Requesting Party; or

(ii) has undergone the punishment provided by the laws of that Requesting Party,

in respect of that offence or of another offence constituted by the same act or omission as the first‑mentioned offence;

(d) there are substantial grounds for believing that the request has been made for the purpose of investigating, prosecuting or punishing or otherwise causing prejudice to a person on account of that person's race, sex, religion, nationality, ethnic origin or political opinions;

(e) the Requested Party is of the opinion that the request, if granted, would prejudice its sovereignty, security, national interest, public order or other essential interests of the Requested Party;

(f) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in the Requested Party, would not have constituted an offence against the laws of the Requested Party, except that the Requested Party may provide assistance in the absence of dual criminality if permitted by its domestic laws; or

(g) provision of the assistance sought could prejudice an investigation, prosecution or proceedings related to a criminal matter in the Requested Party, unless the Parties agree otherwise.

2. Assistance may be refused if:

(a) the request relates to the prosecution or punishment of a person for an extraterritorial offence under the laws of the Requesting Party and such extraterritorial offence would not be punishable under the laws of the Requested Party if it took place in similar circumstances outside the Requested