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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 70 Assistance in questioning persons

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 70

Assistance in questioning persons

  (1)   This section applies if:

  (a)   the ICC requests assistance in questioning a person; and

  (b)   the Attorney - General is satisfied that:

  (i)   the request relates to an investigation of the person that is being conducted by the Prosecutor or to a prosecution of the person before the ICC; and

  (ii)   the person is or may be in Australia .

  (2)   The Attorney - General is to execute the request by authorising, in writing, the questioning of the person.

  (3)   If the Attorney - General authorises the questioning of the person, a magistrate is to ask the person in writing to appear before the magistrate at a specified time and place for the purpose of being questioned.

  (4)   If the person appears before the magistrate:

  (a)   the magistrate, a police officer or the DPP may ask the person questions to which the request relates; and

  (b)   the magistrate must cause a record in writing, or in another form that the magistrate considers to be appropriate in the circumstances, to be made of the questions asked and any answers given; and

  (c)   the magistrate must certify the correctness of the record; and

  (d)   the magistrate must cause the record so certified to be sent to the Attorney - General.

  (5)   If the person refuses or fails to appear before the magistrate, the magistrate is to notify the Attorney - General in writing of the refusal or failure.