Document ID: chunk:federal_register_of_legislation:C2021C00313:section:70
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 70
Character Range: 89678–91058

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.