Part 4—Other requests by ICC

Division 5—Taking evidence or producing documents or articles


66 Producing documents or other articles

(1) If the Attorney General authorises the production of documents or other articles, a magistrate:

(a) must give written notice to each person by whom documents or other articles are to be produced stating that the authorisation has been given and setting out the date and time when, and the place where, the documents or other articles are to be produced; and
(b) may require production of the documents or other articles.

(2) Subject to subsection (3), if the documents or other articles are produced, the magistrate must send them to the Attorney General together with a written statement certifying that they were produced to the magistrate.

(3) In the case of documents, the magistrate may send to the Attorney General copies of the documents certified by the magistrate to be true copies.

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 4 Other requests by ICC

Division 5—Taking evidence or producing documents or articles


66 Producing documents or other articles

(1) If the Attorney-General authorises the production of documents or other articles, a magistrate:
must give written notice to each person by whom documents or other articles are to be produced stating that the authorisation has been given and setting out the date and time when, and the place where, the documents or other articles are to be produced; and

may require production of the documents or other articles.

(2) Subject to subsection (3), if the documents or other articles are produced, the magistrate must send them to the Attorney-General together with a written statement certifying that they were produced to the magistrate.

(3) In the case of documents, the magistrate may send to the Attorney-General copies of the documents certified by the magistrate to be true copies.

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