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II SÉRIE-A — NÚMERO 3

4 — Proceeds confiscated pursuant to this Treaty shall be retained by the Requested Party, unless otherwise mutually decided in a particular case.

5 — In the application of this article the rights of bona fide third parties shall be respected under the law of the Requested Party.

6 — This article also apllies to property used in the commission of the offence.

Article 11 Information on sentences and criminal records

1 — The Parties shall, as far as possible, notify each other of any penalties of imprisonment imposed on the nationals of the other Party.

2 — Either Party may request details of the criminal record of a person. The Requesting party shall state the reasons for the request. The Requested Party shall grant the request insofar as its authorities can obtain this information in accordance with its law.

Article 12 Central Office

1 — Each Party shall designate a Central Office to send and receive requests and other communications relating to mutual assistance pursuant to this Treaty.

2 — A Central Office receiving a request for assistance shall refer it to the appropriate authorities for execution and shall transmit the response or results of the request to the Central Office of the other Party.

3 — The Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Office of the Republic of Portugal shall be the Procuradoria-Geral da Republica, Lisbon.

Article 13 Requirements fot Die request for assistance

1 — A request for assistance shall be signed by the Central Office and shall include the following:

a) The name of the authority on whose behalf the request is made;

b) A precise description of the assistance requested;

c) A statement of the offence to which the request relates, a brief description of the acts or omissions constituting the offence and information on the date and place where it occurred;

d) To the extent possible, the identity and nationality of the person or persons who are the subject of the investigation or proceeding referred to in the request;

e) In cases of service of judicial decisions or any other documents or notifications the name and address, if known, of the person to be served or notified;

f) Any requirement for authentication;

g) Details of any particular procedure or requirement that the Requesting Party wishes to be followed including confidentiality and time limits to be observed.

2 — The Requesting Party shall send additional information required by the Requested Party as necessary to execute the request.

Article 14 Authentication

Where authentication is requested, material or documents are authenticated for the purpose of this Treaty if:

a) It purports to be signed or certified by a Judge, Magistrate or officer in or of the Sending Party; and

b) It purports to be sealed with an official or public seal of the Sending Party or of a Minister of State, or of a Department or officer of the Government, of the Sending Party.

Article 15 Language

Requests, supporting documents and other communications made pursuant to this Treaty shall be in the language of the Requesting Party and accompanied by a translation into the language of the Requested Party.

Article 16 Other assistance

This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties or arrangements or otherwise norprevent the Contracting Parties providing assisten-ce to each other pursuant to other treaties or arrangements.

Article 17

Protecting confidentiality and restricting use of evidence and information

1 — The Requested Party, 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 Party shall so inform the Requesting Party which shall then determine whether the request should nevertheless be executed.

2 — The Requesting Party, if so requested, shall keep confidential evidence and information provided by the Requested Party, except to the extent that the evidence and information is needed for the investigation and proceeding described in the request.

3 — The Requesting Party shall not use evidence obtained, nor information derived therefrom, for purposes other than those stated in a request without the prior consent of the Requested Party.