Document ID: chunk:federal_register_of_legislation:F2016L00536:schedule:1:p1
Version: federal_register_of_legislation:F2016L00536
Segment Type: schedule
Provision Reference: sch 1 (pt 1/11)
Character Range: 2992–6254

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

Australia and the Federative Republic of Brazil hereinafter referred to as "the Parties",

Desiring to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through co‑operation and mutual legal assistance in criminal matters,

Have agreed as follows:

PART I
GENERAL PROVISIONS

Article 1
Scope of assistance

 1.                 The Parties shall provide mutual legal assistance in accordance with the provisions of this Treaty, in connection with the investigation and prosecution of offences, in proceedings related to criminal matters, irrespective of whether the assistance is sought or to be provided by a court or other competent authority.

2.                   Criminal matters shall also include investigations or proceedings relating to offences concerning taxation, customs duties, foreign exchange and other financial or revenue matters.

3.                   Assistance shall include:

       a)      taking of evidence and obtaining statements of persons, including experts;

       b)      provision of information, documents and other records, including criminal and government records, judicial documents and expert evaluations;

       c)      location of persons and objects, including their identification;

       d)      examining objects and sites to the extent that it is not inconsistent with the laws of the Requested Party;

       e)      search and seizure;

       f)       delivery of property and evidence;

       g)      making persons in custody and others available to give evidence or assist investigations;

       h)      service of documents, including documents seeking the attendance of persons;

       i)        measures to locate, restrain and forfeit the proceeds and instruments of crime and return and share assets;

       j)        other assistance consistent with the objects of this Treaty and the law of the Requested Party.

4.                   For the purposes of this Treaty, the Central Authority of the Requesting Party may, in accordance with its domestic laws, process or make requests for mutual legal assistance on behalf of other authorities, including those authorities responsible for, or entitled to conduct, investigations, prosecutions or judicial proceedings in accordance with the domestic law of the Requesting Party.

Article 2
Exclusions

 1.                 Assistance shall not include:

       a)      the extradition of any person;

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

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

Article 3
Execution of Requests

 1.                 Requests for assistance shall be executed promptly in accordance with the law of the Requested Party and, insofar as it is not prohibited by that law, in the manner required by the Requesting Party.

2.                   The Requested Party, in accordance with its laws and procedures, may execute a