An Act to amend the War Crimes Act 1945

5. Sections 3 to 14, inclusive, of the Principal Act are repealed and the following section and Parts are substituted:

Legal assistance

"19. (1) A person who has been, or is about to be, charged with an offence
against this Act may apply to the Attorney-General for assistance under this
section.

"(2) If the Attorney-General is satisfied that in all the circumstances it
is appropriate and reasonable to grant an application made under this section,
he or she may authorise the provision by the Commonwealth to the applicant of
such legal or financial assistance in connection with a proceeding for the
offence as the Attorney-General determines.

"(3) An authorisation under subsection (2) may be made subject to such conditions (if any) as the Attorney-General determines.

"(4) In considering an application made under this section, the Attorney-General shall have regard to any hardship to the applicant that refusal of the application would involve.

"(5) As soon as practicable after deciding to refuse an application made under this section, the Attorney-General shall give the applicant a written notice that:

(a) sets out the decision and the reasons for it; and

(b) requests the applicant to consent in writing to a copy of the notice being laid before each House of the Parliament in accordance with subsection (6).

"(6) Where an applicant gives a consent in writing pursuant to a request under subsection (5), the Attorney-General shall cause a copy of the notice to which the consent relates to be laid before each House of the Parliament within 15 sitting days of that House after the Attorney-General receives the
consent.

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it