Part 4—Other requests by ICC

Division 5—Taking evidence or producing documents or articles


65 Taking of evidence

(1) If the Attorney General authorises the taking of evidence, a magistrate:

(a) must give written notice to each person from whom evidence is to be taken stating that the authorisation has been given and setting out the date and time when, and the place where, the evidence is to be taken; and
(b) may take the evidence on oath from each witness appearing before the magistrate to give evidence in relation to the matter.

(2) Evidence from a witness may be taken by means of video or audio technology.

(3) A magistrate who takes any such evidence must:

(a) cause the evidence to be recorded in writing or in any other form that the magistrate considers to be appropriate in the circumstances; and
(b) certify that the evidence was taken by the magistrate; and
(c) cause the writing, or other record of the evidence, so certified to be sent to the Attorney General.

Part 4—Other requests by ICC

Division 5—Taking evidence or producing documents or articles


67 Legal representation

(1) The evidence of a witness may be taken under section 65 in the presence or absence of:

(a) the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates; or
(b) his or her legal representative (if any).

(2) The magistrate conducting a proceeding under either section 65 or 66, or both, may permit:

(a) if the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates has been notified of the proceeding before the magistrate—that person; and
(b) any other person giving evidence or producing documents or other articles at the proceeding before the magistrate; and
(c) a representative of the Prosecutor or of the ICC;
to have legal representation at the proceeding before the magistrate.


68 Form of certificates

A certificate by a magistrate under subsection 65(3) or 66(2) must state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present:

(a) the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, or his or her legal representative (if any);
(b) any other person giving evidence or producing documents or other articles, or his or her legal representative (if any).


69 Compellability of persons to attend etc.

(1) Subject to subsections (2) and (3), the laws of each State or Territory with respect to compelling persons:

(a) to attend before a magistrate; and
(b) to give evidence, answer questions, and produce documents or other articles;
on the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of application, with respect to so compelling persons for the purposes of this Division.

(2) For the purposes of this Division, the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, is competent but not compellable to give evidence.

(3) If:

(a) a person is required to give evidence, or produce documents or other articles, for the purposes of an investigation conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person is not compellable to answer a particular question, or to produce a particular document or article, for the purposes of that investigation or proceeding;
the person is not compellable to answer the question, or produce the document or article, for the purposes of this Division.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons

27 Application for search warrants

(1) If:

a person is arrested under a warrant issued under section 20 or 21; and

a police officer has reasonable grounds for suspecting that evidential material relating to a crime within the jurisdiction of the ICC in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, at any premises;

the police officer may, by an information on oath that sets out the grounds for the suspicion, apply for a search warrant in relation to the premises to search for that material.

(2) If:

a person is arrested under a warrant issued under section 20 or 21; and

a police officer has reasonable grounds for suspecting that evidential material relating to a crime within the jurisdiction of the ICC in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, in a person’s possession;

the police officer may, by an information on oath that sets out the grounds for the suspicion, apply for a search warrant in relation to the person to search for the material.

(3) For the purposes of this section, the applicable period is:

if the application for the warrant is made by telephone, telex, fax or other electronic means, as
provided by section 116- 48 hours; or otherwise-72 hours.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 5—Taking evidence or producing documents or articles

65 Taking of evidence

(1) If the Attorney-General authorises the taking of evidence, a magistrate:

must give written notice to each person from whom evidence is to be taken stating that the authorisation has been given and setting out the date and time when, and the place where, the evidence is to be taken; and

may take the evidence on oath from each witness appearing before the magistrate to give evidence in relation to the matter.

Division 5 Taking evidence or producing documents or articles

Section 66

Evidence from a witness may be taken by means of video or audio technology.

A magistrate who takes any such evidence must:

cause the evidence to be recorded in writing or in any other form that the magistrate considers to be appropriate in the circumstances; and

certify that the evidence was taken by the magistrate; and

cause the writing, or other record of the evidence, so certified to be sent to the Attorney-General.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 5—Taking evidence or producing documents or articles

67 Legal representation

(1) The evidence of a witness may be taken under section 65 in the presence or absence of:

the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates; or

his or her legal representative (if any).

(2) The magistrate conducting a proceeding under either section 65 or 66, or both, may permit:
if the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates has been notified of the proceeding before the magistrate—that person; and

any other person giving evidence or producing documents or other articles at the proceeding before the magistrate; and

a representative of the Prosecutor or of the ICC;

to have legal representation at the proceeding before the magistrate.

68 Form of certificates

A certificate by a magistrate under subsection 65(3) or 66(2) must state whether, when the
evidence was taken or the documents or other articles were produced, any of the following persons were present:

the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, or his or her legal representative (if any);

any other person giving evidence or producing documents or other articles, or his or her legal representative (if any).


69 Compellability of persons to attend etc.

(1) Subject to subsections (2) and (3), the laws of each State or Territory with respect to compelling persons:

to attend before a magistrate; and

to give evidence, answer questions, and produce documents or other articles;

on the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of application, with respect to so compelling persons for the purposes of this Division.

(2) For the purposes of this Division, the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, is competent but not compellable to give evidence.

(3) If:

a person is required to give evidence, or produce documents or other articles, for the purposes of an investigation conducted by the Prosecutor or a proceeding before the ICC; and

the person is not compellable to answer a particular question, or to produce a particular document or article, for the purposes of that investigation or proceeding;

the person is not compellable to answer the question, or produce the document or article, for the purposes of this Division.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court