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 6—Questioning of person being investigated or prosecuted
71 Procedure where person questioned
(1) Before a person is questioned under section 70, the person must be informed that there are grounds to believe that he or she has Division 6 Questioning of person being investigated or prosecuted committed a crime within the jurisdiction of the ICC and that he or she has the following rights:
the right to remain silent without such silence being a consideration in the determination of guilt or innocence;
the right to have legal assistance of his or her choosing or, if he or she 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 him or her in such a case if he or she does not have sufficient means to pay for the assistance;
the right to have his or her legal representative present when he or she is questioned unless he or she has voluntarily waived that right.
If there is any inconsistency between subsection (1) and any other Australian law, subsection (1) prevails.
This section does not give to any person a power to require another person to answer questions.
Questioning of persons
Fair trial standards
Rights during investigation - questioned in presence of counsel
Questioning of persons - national procedures for ICC proceedings
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