Document ID: chunk:federal_register_of_legislation:F1996B02580:body:0:p5
Version: federal_register_of_legislation:F1996B02580
Segment Type: other
Provision Reference: 
Character Range: 10785–13529

which is not inconsistent with the law of the Requested Party.

4. The Requested Party shall forward to the Requesting Party proof of service of the documents. If service cannot be effected, the Requesting Party shall be so informed and advised of the reasons.

ARTICLE 10

Taking of Evidence

1. When a request is made for the purpose of a proceeding in relation to a criminal matter in the Requesting State, the Requested Party shall take the evidence of witnesses for transmission to the Requesting Party.

2. For the purposes of this Treaty, the giving or taking of evidence shall include the production of documents, records or other material.

3. For the purposes of requests under this Article the Requesting Party shall specify the subject matter about which persons are to be examined, including any questions to be put.

4. The Parties to the relevant proceedings in the Requesting State, their legal representatives and representatives of the Requesting Party may, subject to the laws of the Requested Party, attend the proceedings.

5. A person who is required to give evidence in the Requested State under this Article may decline to give evidence where the law of the Requested Party permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested State.

6. Any claim of immunity, incapacity or privilege under the laws of the Requesting Party shall be decided by the competent authorities of the Requesting Party.

ARTICLE 11

Obtaining of Statements of Persons

1. The Requested Party shall, upon request, endeavour to obtain statements of persons for the purposes of an investigation or proceeding in relation to a criminal matter in the Requesting State.

2. For the purposes of requests under this Article the Requesting Party shall specify the subject matter about which it seeks statements from persons including any questions which it seeks to be put to the person.

           ARTICLE 12

Availability of Persons in Custody to Give Evidence or to Assist Investigations

1. A person in custody in the Requested State may, at the request of the Requesting Party, be temporarily transferred to the Requesting State to assist investigations or to give evidence.

2. The Requested Party shall not transfer a person in custody to the Requesting State unless the person consents to that transfer.

3. While the person transferred is required to be held in custody under the law of the Requested Party, the Requesting Party shall hold that person in custody and shall return that person in custody to the Requested State at the conclusion of the matter in relation to which transfer is sought under paragraph 1 of this Article or at such earlier time as the person's