Commonwealth Numbered Regulations

1994 No. 84 MUTUAL ASSISTANCE IN CRIMINAL MATTERS (FINLAND) REGULATIONS - SCHEDULE

                                 SCHEDULE                 Regulation 4

TREATY BETWEEN AUSTRALIA AND FINLAND ON
MUTUAL ASSISTANCE IN CRIMINAL MATTERS Australia and Finland, DESIRING to
extend to each other the widest measure of co-operation in criminal matters,
HAVE AGREED as follows:
ARTICLE 1
Scope of application 1. The Contracting States undertake to afford each other,
in accordance with the provisions of this Agreement, the widest measure of
mutual assistance in proceedings or investigations in respect of offences the
punishment of which, at the time of the request for assistance, falls within
the jurisdiction of the judicial authorities of the Requesting State. 2.
Authorities on whose behalf requests may be made are courts and prosecutors as
well as authorities responsible for investigations related to criminal
matters. 3. Criminal matter includes matters connected with offences against a
law relating to taxation, customs duties, foreign exchange control and other
revenue matters. 4. Such assistance may consist of: (a) taking of evidence and
obtaining of statements of persons including the execution of letters
rogatory; (b) provision of documents and other records; (c) location and
identification of persons; (d) execution of requests for search and seizure;
(e) inviting persons to be available to give evidence or to assist in
investigations in the Requesting State; (f) service of documents; and (g)
other assistance consistent with the objects of this Agreement which is not
inconsistent with the law of the Requested State. 5. Assistance shall not
include: (a) the extradition of any person; (b) the execution in the Requested
State of criminal judgments imposed in the Requesting State; and (c) the
transfer of persons in custody to serve sentences.
ARTICLE 2
Central authority 1. Requests for assistance shall be made through the Central
Authorities. 2. For the purposes of this Agreement the Central Authority of
Australia shall be the Attorney-General's Department, Canberra and the Central
Authority of Finland shall be the Ministry of Justice, Helsinki. The
Contracting States shall advise each other of any change of Central
Authorities.
ARTICLE 3
Refusal of assistance 1. Assistance may be refused if: (a) the request relates
to the prosecution or punishment of a person for an offence that is regarded
by the Requested State as: (i) an offence of a political character; or (ii) an
offence under military law of the Requested State which is not also an offence
under the ordinary criminal law of the Requested State; (b) the request
relates to the prosecution or punishment of a person for an offence in respect
of which the offender has been finally acquitted or pardoned or has served the
sentence imposed; (c) there are substantial grounds for believing that a
consequence of providing assistance would be prejudice to any person on
account of that person's race, sex, religion, nationality or political
opinions or to the safety of any person; (d) the Requested State is of the
opinion that the request, if granted, would prejudice its sovereignty,
security, national interest or other essential interests; (e) the request
relates to the prosecution or punishment of a person for an offence where
the acts or omissions alleged to constitute that offence would not, if they
had taken place in similar circumstances within the jurisdiction of the
Requested State, have constituted an offence; (f) the request relates to the
prosecution or punishment of a person for an offence which is committed
outside the territory of the Requesting State and the law of the Requested
State does not provide for the punishment of an offence committed outside its
territory in similar circumstances; (g) the request relates to the prosecution
or punishment of a person for an offence which, had it been committed in the
Requested State, could no longer be prosecuted by reason of lapse of time or
any other reason; (h) the provision of the assistance sought could prejudice
an investigation or proceeding in the Requested State or impose an excessive
burden on the resources of that State; (i) there are substantial grounds for
believing that the evidence or information sought is to be used by the
Requesting State for purposes other than those stipulated in the request; or
(j) there are substantial grounds for believing that a person whose presence
is sought as a witness or expert in the Requesting State will be required,
without that person's consent, to give evidence or assist in investigations
other than those specified in the request. 2. Before refusing to grant a
request for assistance the Requested State shall consider whether assistance
may be granted subject to such conditions as it deems necessary. If the
Requesting State accepts assistance subject to conditions, it shall comply
with those conditions.
ARTICLE 4
Contents of requests 1. Requests for assistance shall include: (a) the name of
the competent authority on whose behalf the request is made; (b) a description
of the nature of the criminal matter including a statement of the relevant
laws; (c) except in cases of requests for service of documents, a description
of the acts or omissions or matters alleged to constitute the offence; (d) the
purpose of the request and a description of the assistance sought; (e) details
of any particular procedure or requirement that the Requesting State wishes to
be followed, including whether sworn or affirmed evidence or statements are
required; (f) the requirements, if any, of confidentiality and the reasons
therefore; and (g) specification of any time limit within which compliance
with the request is desired. 2. Requests for assistance, to the extent
necessary and insofar as possible, shall also include: (a) the identity,
nationality and location of the person or persons who are the subject of, or
who may have information relevant to, the investigation or proceeding; (b) a
description of the information, statement or evidence sought, including any
questions to be put; (c) a description of the documents, records or articles
of evidence to be produced as well as a description of the appropriate person
to be asked to produce them; and (d) information as to the allowances and
expenses to which witnesses or experts appearing in the Requesting State would
be entitled. 3. If the Requested State considers that the information
contained in the request is not sufficient in accordance with this Agreement
to enable the request to be dealt with, that State may request additional
information.
ARTICLE 5
Language Requests, supporting documents and other communications made pursuant
to this Agreement shall be made in a language of the Requesting State and
accompanied by a translation into an official language of the Requested State.
ARTICLE 6
Execution of requests 1. Requests for assistance shall be carried out promptly
in accordance with the law of the Requested State and, insofar as it is not
incompatible with that law, in the manner requested by the Requesting State.
2. The Requested State may postpone the delivery of material requested if such
material is required for proceedings in respect of criminal or civil matters
in that State. The Requested State shall, upon request, provide certified
copies of documents. 3. The Requested State shall promptly inform the
Requesting State of circumstances, when they become known to the Requested
State, which are likely to cause a significant delay in responding to the
request. 4. The Requested State shall promptly inform the Requesting State of
any decision of the Requested State not to comply in whole or in part with a
request for assistance or to require compliance with conditions for the
granting of assistance and the reasons for any such decision.
ARTICLE 7
Return of material to Requested State The Requesting State shall return to the
Requested State any material, including any original records and documents,
furnished under this Agreement as soon as possible unless the Requested State
waives the return thereof.
ARTICLE 8
Protecting confidentiality and restricting
use of evidence and information 1. The Requesting State may request the
Requested State to keep confidential the application for assistance, the
contents of the request and its supporting documents, and the fact of granting
of such assistance. If the request cannot be executed without breaching
confidentiality, the Requested State shall so inform the Requesting State
which shall then determine whether the request should nevertheless be
executed. 2. The Requesting State, to the extent permitted by its law and if
so requested, shall keep confidential evidence and information provided by the
Requested State.
ARTICLE 9
Service of documents 1. The Requested State shall effect service of documents
which are transmitted to it for this purpose by the Requesting State. 2. A
request to effect service of a document requiring the appearance of a person
shall be made to the Requested State not less than 45 days before the date on
which the appearance is required. In urgent cases, the Requested State may
waive this requirement. 3. The Requested State shall forward to the Requesting
State a certificate stating the time, place and method of service as well as
the name of the person to whom the document was delivered. If service cannot
be effected, the Requesting State shall be so informed and advised of the
reasons.
ARTICLE 10
Taking of evidence 1. The Requested State shall, upon request, take the
evidence of witnesses or experts for transmission to the Requesting State. 2.
For the purposes of this Agreement, the giving or taking of evidence shall
include the production of documents, records or other material. 3. The
Requested State shall, if requested, advise the Requesting State of the date
and place for the evidence to be taken. 4. The parties to the relevant
proceedings in the Requesting State, their legal representatives and
representatives of the Requesting State may, subject to the law of the
Requested State, appear and question the person being examined.
ARTICLE 11
Obtaining of statements of persons The Requested State shall, upon request,
endeavour to obtain statements of persons for the purpose of an investigation
or a proceeding in relation to a criminal matter in the Requesting State.
ARTICLE 12
Availability of persons to give evidence
or assist investigations 1. The Requesting State may request the assistance of
the Requested State in inviting a person to: (a) appear as a witness in
proceedings in relation to a criminal matter in the Requesting State unless
that person is the person charged; or (b) assist investigations in relation to
a criminal matter in the Requesting State. 2. The Requested State shall, if
satisfied that satisfactory arrangements for that person's security will be
made by the Requesting State, invite the person to consent to appear as a
witness or expert in proceedings or to assist in the investigation.
ARTICLE 13
Safe conduct 1. Subject to paragraph 2, where a person is in the Requesting
State pursuant to a request made under Articles 9 or 12 that person shall not
be detained, prosecuted or punished or subjected to any other restriction of
personal liberty, in respect of any act or omission which preceded the
person's departure from the Requested State. 2. Where a person is in the
Requesting State in answer to a summons served pursuant to Article 9 of this
Agreement and is the person suspected or accused, that person may, except
where he or she consents, be prosecuted and punished only for the acts or
omissions constituting the offence specified in the summons. 3. Paragraph 1 of
this Article shall cease to apply if that person, being free to leave, has not
left the Requesting State within a period of thirty days after that person has
been officially notified that that person's presence is no longer required or,
having left, has returned. 4. A person appearing in the Requesting State
pursuant to a request made under Articles 9 or 12 shall be subject to the laws
of that State relating to contempt, perjury and the making of false
declarations. 5. A person who does not consent to a request pursuant to
Articles 9 or 12 shall not, by reason thereof, be liable to any penalty or be
subjected to any coercive measure notwithstanding any contrary statement in
the request or in any document accompanying the request.
ARTICLE 14
Refusal to give evidence 1. A witness or expert who appears before a court of
either Contracting State pursuant to a request for assistance under this
Agreement is entitled to refuse to give evidence or make a statement in so far
as the person has a privilege or duty to refuse to give evidence or make a
statement under the law of either the Requesting or Requested State. 2. A
request seeking the evidence of a witness or expert in either State shall
include a statement of the rights referred to in paragraph 1.
ARTICLE 15
Provision of publicly available and official documents 1. The Requested State
shall provide copies of documents and records that are open to public access
or that are available for purchase by the public. 2. The Requested State may
provide copies of any official document or record in the same manner and under
the same conditions as such document or record may be provided to its own law
enforcement and judicial authorities.
ARTICLE 16
Certification and authentication 1. Documents or materials supporting a
request for assistance involving the use of compulsory measures shall be
authenticated in accordance with paragraph 2. Documents or materials furnished
in response to a request shall be similarly authenticated if requested. 2.
Documents and materials are authenticated for the purposes of this Agreement
if: (a) they purport to be signed or certified by a judge, magistrate or other
officer in or of the State sending the document; and (b) they purport to be
sealed with an official seal of the State sending the document or of a
Minister of State, or of a Department or officer of the Government, of that
State. 3. No legalisation or similar formality shall be required in the
context of this Agreement.
ARTICLE 17
Search and seizure 1. The Requested State shall, insofar as its law permits,
carry out requests for search and seizure and delivery of material to the
Requesting State provided the information supplied, including additional
information requested pursuant to paragraph 3 of Article 4, if any, would
justify such action under the law of the Requested State. 2. The Requested
State shall provide such information as may be required by the Requesting
State concerning the result of any search, the place of seizure, the
circumstances of seizure, and the subsequent custody of the material seized.
3. The Requesting State shall observe any conditions imposed by the Requested
State in relation to any seized material which is delivered to the Requesting
State.
ARTICLE 18
Representation and expenses 1. Unless otherwise provided in this Agreement the
Requested State shall make all necessary arrangements for the representation
of the Requesting State in any proceedings arising out of a request for
assistance. 2. The Requested State shall meet the cost of fulfilling the
request for assistance except that the Requesting State shall bear: (a) the
expenses associated with conveying any person to or from the territory of the
Requested State, and any fees, allowances or expenses payable to that person
whilst in the Requesting State pursuant to a request under Articles 9 or 12;
and (b) where required by the Requested State, exceptional expenses in
fulfilling the request.
ARTICLE 19
Other assistance This Agreement does not preclude the Contracting States
giving each other wider assistance pursuant to other agreements or
arrangements or as permitted by their respective laws.
ARTICLE 20
Entry into force and termination l. This Agreement shall enter into force
thirty days after the date on which the Contracting States have notified each
other in writing that their respective constitutional requirements for the
entry into force of this Agreement have been complied with. 2. This Agreement
shall apply to requests made pursuant to it whether or not the relevant acts
or omissions occurred prior to this Agreement entering into force. 3. Either
Contracting State may terminate this Agreement by notice in writing at any
time and it shall cease to be in force on the one hundred and eightieth day
after the day on which notice is given. IN WITNESS WHEREOF, the undersigned,
being duly authorized thereto by their respective Governments, have signed
this Agreement. DONE in duplicate at Canberra on the twenty-second day of
June, One thousand nine hundred and ninety-two in the English and Finnish
languages, both texts being equally authentic.
FOR AUSTRALIA:                                 FOR FINLAND:

MICHAEL TATE                                   CHARLES MURTO