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.
Taking of evidence
Production of evidence
Taking of evidence - national procedures for ICC proceedings
Production of evidence - national procedures for ICC proceedings
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