Australia and
the Hellenic Republic, DESIRING to extend to each other the widest measure of
co-operation to combat crime, HAVE AGREED as follows:
ARTICLE 1
GENERAL
PROVISIONS
1. The Contracting Parties undertake to afford to each other, in
accordance with the provisions of this Treaty, the widest measure of
assistance in connection with investigations or proceedings brought in respect
of offences the punishment of which at the time of the request for assistance
falls within the jurisdiction of the Requesting State, including the supply of
evidence for the proceedings. 2. "Offences" includes offences against a law
relating to taxation, customs duties, foreign exchange control and other
revenue matters. 3. This Treaty does not apply to arrests or the enforcement
of verdicts. 4. 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 except to the extent permitted by the law of
the Requested State and this Treaty; and (c) the transfer of persons in
custody to serve sentences.
ARTICLE 2
OTHER ASSISTANCE
This Treaty shall
not derogate from obligations subsisting between the Contracting Parties
whether pursuant to other treaties or arrangements or otherwise nor prevent
the Contracting Parties providing assistance to each other pursuant to other
treaties or arrangements or otherwise.
ARTICLE 3
CENTRAL OFFICE
1. The
Contracting Parties shall each appoint a Central Office to transmit and
receive requests for the purpose of this Treaty. The Central Office of
Australia shall be the Attorney-General's Department, Canberra and the Central
Office of the Hellenic Republic shall be the Ministry of Justice, Athens.
Either State 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 4
LETTERS
ROGATORY
The requested State shall execute in the manner provided for by its
law any letters rogatory relating to a criminal matter and addressed to it by
the competent judicial authorities of the Requesting State for the purpose of
procuring or transmitting articles to be produced in evidence, records or
documents.
ARTICLE 5
REFUSAL OF ASSISTANCE
1. Assistance shall 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 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 the request for assistance has been made for the
purpose of prosecuting or punishing a person on account of that person's race,
sex, religion, nationality or political opinions or that that person's
position may be prejudiced for any of these reasons; or (d) the Requested
State is of the opinion that the request, if granted, would prejudice its
sovereignty, security, national interest or other essential interests. 2.
Assistance may be refused if: (a) 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 within the
jurisdiction of the Requested State, have constituted an offence; (b) the law
of the Requested State permits refusal on jurisdictional grounds; (c) 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; (d) provision of
the assistance sought could prejudice an investigation or proceeding in the
Requested State, prejudice the safety of any person or impose an excessive
burden on the resources of that State; or (e) the request relates to the
prosecution or punishment of a person for an offence in respect of which the
death penalty may be imposed or executed. 3. 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 6
CONTENTS OF REQUESTS
1. Requests for
assistance shall be made in writing and shall include the following: (a) the
authority on whose behalf the request is transmitted; (b) the purpose of the
request and details of the assistance sought; (c) where possible the
identity, nationality and location of the person who is the subject of, or who
may have information relevant to, the investigation or proceeding; (d) where
appropriate, the name and address of the person to be served; (e) a
description of the acts, omissions or matters alleged to constitute the
offence, except in the case of a request for service of documents; (f)
details of any procedural or other requirements of the Requesting State; (g)
where confidentiality is sought the reasons therefor; (h) specification of
any time limit within which compliance with the request is desired; and (i)
any court order sought to be enforced and a statement that it is a final
order. 2. Requests, supporting documents and other communications made
pursuant to this Treaty shall be in the language of the Requesting State and
accompanied by a translation into the language of the Requested State. 3. If
the Requested State considers that the information contained in the request is
not sufficient in accordance with this Treaty to enable the request to be
dealt with, it may request additional information.
ARTICLE 7
EXECUTION OF
REQUESTS
1. Requests for assistance shall be carried out 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 a decision of
the Requested State not to comply in whole or in part with a request for
assistance and the reason for that decision.
ARTICLE 8
RETURN OF MATERIAL TO
REQUESTED STATE
Where required by the Requested State, the Requesting State
shall return the material provided under this Treaty when no longer needed for
the relevant investigation or proceeding.
ARTICLE 9
PROTECTING
CONFIDENTIALITY AND RESTRICTING
USE OF EVIDENCE AND INFORMATION
1. The
Requested State, if so requested, shall keep the application for assistance,
the contents of a request and its supporting documents, and the fact of
granting of such assistance, confidential. 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, if so requested, shall
keep confidential information and evidence provided by the Requested State,
except to the extent that the evidence and information is needed for the
investigation and proceeding described in the request. 3. The Requesting
State shall not use information or evidence obtained, nor anything derived
from either, for purposes other than those stated in the request without the
prior consent of the Requested State.
ARTICLE 10
SERVICE OF DOCUMENTS
1.
The Requested State shall, insofar as possible, 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 by which the appearance of a person is
required shall be made to the Requested State not less than 65 days before the
date on which the appearance is required. In very urgent cases, the Requested
State may waive this requirement. 3. The Requested State shall, upon request,
effect service of any document in the manner required by the Requesting State,
provided this is not inconsistent with the law of the Requested State. 4. The
Requested State shall forward to the Requesting State proof of service of the
documents. If service cannot be effected, the Requesting State shall be so
informed and advised of the reasons.
ARTICLE 11
TAKING OF EVIDENCE
1. A
request for the taking of evidence shall be executed in accordance with the
requirements of the Requesting State to the extent permitted by the law of the
Requested State. 2. If the Requesting State requests the assistance of the
Requested State in obtaining in the territory of the Requested State the
evidence of witnesses or experts, the Requested State shall, subject to its
laws, arrange for the evidence of that witness or expert to be obtained. 3.
The Requested State may transmit certified copies or certified photocopies of
the documents requested unless the Requesting State expressly requests the
transmission of originals in which case the Requested State shall endeavour to
comply with the request. 4. A person who is required to give evidence in the
Requested State under this Article 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 originating in the Requested
State; or (b) where the law of the Requesting State permits that witness to
decline to give evidence in such proceedings in the Requesting State. 5. 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 of the Requested State as
to the existence of that right. In the absence of evidence to the contrary,
the certificate shall provide sufficient evidence as to the existence of that
right.
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 State, be temporarily transferred to the
Requesting State to assist investigations or to give evidence. 2. The
Requested State 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 State, the
Requesting State 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 was sought under paragraph 1 of this Article or at
such earlier time as the person's presence is no longer required. 4. Where
the Requested State advises the Requesting State that the transferred person
is no longer required to be held in custody, that person shall be set at
liberty and be treated as a person referred to in Article 13.
ARTICLE 13
AVAILABILITY OF OTHER PERSONS TO GIVE EVIDENCE
OR ASSIST INVESTIGATIONS
If
the Requesting State considers the personal appearance of a witness or expert
before its judicial or investigative authorities especially necessary it shall
so mention in its request. The Requested State shall, if satisfied that
satisfactory arrangements for that person's security will be made by the
Requesting State, invite the witness or expert to appear.
ARTICLE 14
IMMUNITY OF WITNESSES AND EXPERTS
1. Subject to paragraph 2, where a person
is in the Requesting State pursuant to a request made under Articles 12 or 13:
(a) that person shall not be detained, prosecuted or punished in the
Requesting State, for any offence, nor be subject to any civil suit, being a
civil suit to which the person could not be subjected if the person were not
in the Requesting State, in respect of any act or omission which preceded the
person's departure from the Requested State; and (b) that person shall not,
without that person's consent, be required to give evidence in any proceeding
or to assist any investigation other than the proceeding or investigation to
which the request relates. 2. 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. 3. A person appearing in the Requesting State pursuant to a request
made under Articles 12 or 13 shall be subject to the law of that State
relating to contempt, perjury and the making of false declarations. 4. A
person who does not consent to a request pursuant to Articles 12 or 13 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 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 as part of a public
register or otherwise, or that are available to 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
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 6, 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 17
PROCEEDS OF CRIME
1. The Requested State shall, upon request, endeavour to
ascertain whether any proceeds of a crime are located within its jurisdiction
and shall notify the Requesting State of the results of its inquiries. In
making the request, the Requesting State shall notify the Requested State of
the basis of its belief that such proceeds may be located in its jurisdiction.
2. Where pursuant to paragraph 1 suspected proceeds of crime are found the
Requested State shall take such measures as are permitted by its law to
prevent any dealing in, transfer or disposal of, those suspected proceeds of
crime, pending a final determination in respect of those proceeds by a court
of the Requesting State 3. The Requested State shall, to the extent permitted
by its law, give effect to a final order forfeiting or confiscating the
proceeds of crime made by a court of the Requesting State. 4. In the
application of this Article, the rights of bona fide third parties shall be
respected under the law of the Requested State. 5. The Requested State shall
return the property referred to in paragraph 3, or the value of that property,
to the Requesting State. 6. In this Article "proceeds of crime" means any
property suspected, or found by a court, to be property derived or realized,
directly or indirectly, as a result of the commission of an offence or to
represent the value of property and other benefits derived from the commission
of an offence.
ARTICLE 18
CERTIFICATION AND AUTHENTICATION
1. Documents or
materials supporting a request for assistance involving the use of compulsory
measures or the forfeiture of proceeds of crime 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 Treaty 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.
ARTICLE 19
SUBSIDIARY ARRANGEMENTS
The Central Offices of the Contracting Parties may
enter into subsidiary arrangements consistent with the purposes of this Treaty
and with the laws of both Contracting Parties.
ARTICLE 20
REPRESENTATION AND
EXPENSES
1. Unless otherwise provided in this Treaty 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 and shall
otherwise represent the interests of the Requesting State. 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 10, 12 or 13; (b) the expenses
associated with conveying custodial or escorting officers; and (c) where
required by the Requested State, exceptional expenses in fulfilling the
request.
ARTICLE 21
CONSULTATION
The Contracting Parties shall consult
promptly, at the request of either, concerning the interpretation, the
application or the carrying out of this Treaty either generally or in relation
to a particular case.
ARTICLE 22
ENTRY INTO FORCE AND TERMINATION
1. This
Treaty shall enter into force thirty days after the date on which the
Contracting Parties have notified each other in writing that their respective
requirements for the entry into force of this Treaty have been complied with.
2. This Treaty shall apply to requests whether or not the relevant acts or
omissions occurred prior to this Treaty entering into force 3. Either
Contracting Party may terminate this Treaty 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 in which notice is given. IN WITNESS WHEREOF the undersigned, being
duly authorised thereto by their respective Governments, have signed this
Treaty. DONE at Athens on the fourth day of July Two Thousand and two, in two
originals in the English and Greek languages, both texts being equally
authentic.
FOR AUSTRALIA
FOR THE HELLENIC REPUBLIC
H.E. STUART
HAMILTON RAWDON HUME
MR FILIPPOS PETSALNIKOS
1. Notified in the Commonwealth of Australia Gazette on 23 December 2004.
Commonwealth Numbered Regulations