- (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.