Document ID: chunk:federal_register_of_legislation:F1996B01853:body:0:p2
Version: federal_register_of_legislation:F1996B01853
Segment Type: other
Provision Reference: 
Character Range: 2752–5637

Ministère de la Justice. Each contracting Party shall notify the other of any change of its Central Office.

 2. Requests for assistance shall be made through the Central Offices which shall arrange for the prompt carrying out of such requests.

ARTICLE 3

OTHER ASSISTANCE

The provisions of this Treaty do not affect any obligations assumed by the contracting Parties under multilateral judicial assistance conventions to which both are party.

ARTICLE 4

COMPETENT AUTHORITIES

 1. The competent authorities are, in Australia, the judicial authorities, the public prosecutors, the authorities responsible for investigations and proceedings related to criminal matters, the Attorney‑General or his delegate and in France, the judicial authorities, including the Ministère Public.

 2. A request from Australia which does not emanate from a judicial authority shall bear the signature of the Attorney‑General or his delegate.

ARTICLE 5

REQUESTS FOR ASSISTANCE

 1. The Requested Party shall, in accordance with its law, execute any requests relating to a criminal matter and addressed to it by the competent authorities of the Requesting Party for the purpose of investigation, procuring evidence or transmitting articles to be produced in evidence, records or documents, including documents of government agencies.

 2. If expressly required by the Requesting Party, the Requested Party shall give notice of the date and place of execution of the request.

 3. If the Requested Party consents, officials and interested persons of the Requesting State may be present at the examination of witnesses and, where appropriate, at the execution of other requests, and, to the extent that the laws of the Requested State allow, may question the witnesses or have them questioned.

ARTICLE 6

PARTICULAR PROCEDURE

If the Requesting Party expressly states a wish that a request described in the preceding article be executed in a certain manner, the Requested Party shall comply with that wish to the extent that its law allows. In particular, the Requesting Party may ask that the execution of a request be carried out by a judicial authority or that witnesses or experts give evidence on oath.

ARTICLE 7

REFUSAL TO GIVE EVIDENCE

 1. A person who is required to give evidence in the Requested State may decline to give evidence where either:
         (a) the law of the Requested State permits that witness to decline to give evidence in similar circumstances in proceedings in its territory; or
         (b) the law of the Requesting State in similar circumstances permits that witness to decline to give evidence in such proceedings in its territory.

 2. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Central Office of that State shall, upon request, provide a certificate to the Central Office