Document ID: chunk:federal_register_of_legislation:F2006L03651:body:0:p10
Version: federal_register_of_legislation:F2006L03651
Segment Type: other
Provision Reference: 
Character Range: 23049–25700

to a request made under Article 14 or 15 of this Treaty:

(a) that person shall not be detained, prosecuted, punished or subjected to any other restriction of personal liberty in the Requesting Party in respect of any acts or omissions or convictions for any offence against the laws of the Requesting Party that is alleged to have been committed, or that was committed, before the departure of the person from the Requested Party;

(b) that person shall not, without the consent of that person, be required to give evidence in any proceedings or to assist any investigation in the Requesting Party other than the proceedings or investigation to which the request relates; and

(c) that person shall not be subject to any civil suit in respect of any act or omission which preceded the person's departure from the Requested Party.

2. Paragraph 1 of this Article shall cease to apply if that person, being free and able to leave, has not left the Requesting Party within a period of 15 days after that person has been officially notified that the presence of the person is no longer required or, having left, has voluntarily returned.

3. Evidence taken under Article 14 or 15 of this Treaty shall not be admitted or otherwise used in any prosecution of the person for an offence against the laws of the Requesting Party except for the prosecution of the person for contempt, perjury or the making of a false declaration.

4. A person who does not consent to attend in the Requesting Party pursuant to a request made under Article 14 or 15 of this Treaty shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure notwithstanding anything to the contrary in the request or in any document accompanying the request.

ARTICLE 17
TRANSIT OF PERSONS IN CUSTODY

1. The Requested Party may, upon request and to the extent permitted by its laws, authorise the transit through its territory of a person held in custody, by the Requesting Party or a third State, whose personal appearance has been requested by the Requesting Party for an investigation, prosecution or proceedings related to a criminal matter.

2. Where the aircraft, vessel or train by which the person is being transported lands or calls or stops in the Requested Party, the custodial or escorting officers of the Requesting Party or, if applicable, the third State that is assisting the Requesting Party to facilitate the transfer shall continue to be responsible for the custody of the person being transported while the person is on transit in the Requested Party, unless otherwise determined by the Requested Party.

3. Without prejudice to paragraph