Document ID: chunk:federal_register_of_legislation:F2006L03651:body:0:p2
Version: federal_register_of_legislation:F2006L03651
Segment Type: other
Provision Reference: 
Character Range: 2703–5602

of:

(a) taking of evidence, including testimony, documents, records and things, by way of judicial process;

(b) taking of voluntary statements of persons;

(c) providing relevant documents and records, including bank, financial, corporate or business records;

(d) locating and identifying persons;

(e) executing search and seizure;

(f) identifying, locating, restraining dealings in and forfeiting the instruments derived from or used in the commission of an offence and proceeds of crime;

(g) recovering pecuniary penalties in respect of an offence;

(h) seeking the consent of persons and making arrangements for such persons to give evidence or to assist in criminal investigations in the Requesting Party and, where such persons are in custody, arranging for their temporary transfer to the Requesting Party;

(i) effecting service of judicial and related documents;

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

(k) other assistance consistent with the objects of this Treaty which is not inconsistent with the laws of the Requested Party.

4. Assistance shall not include:

(a) the arrest or detention of any person with a view to the extradition of that person or the extradition of any person;

(b) the enforcement 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;

(c) the transfer of persons in custody to serve sentences; and

(d) the transfer of proceedings in criminal matters.

5. The Treaty does not authorise any Party to undertake, in the territory of the other, the exercise of jurisdiction or the performance of functions that are placed within the exclusive purview of the authorities of that other Party by its laws.

6. This Treaty applies solely to the provision of mutual assistance in criminal matters between the Parties. The provisions of this Treaty shall not create any right on the part of any private person to obtain any evidence pursuant to this Treaty.

ARTICLE 2
COMPATIBILITY WITH OTHER ARRANGEMENTS

This Treaty shall not derogate from obligations subsisting between the Parties pursuant to other international agreements nor, where the Parties agree, shall it prevent the Parties providing assistance to each other pursuant to other international agreements or the provisions of their domestic laws.

ARTICLE 3
DESIGNATION OF CENTRAL AUTHORITIES

1. The Parties shall each designate a Central Authority for the purpose of this Treaty. The Central Authority for Australia shall be the Attorney‑General's 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