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s 31

Compellability of persons to attend etc

In force
Part 4Other forms of assistance to a Tribunal
Division 1Taking evidence etc.

31 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:

(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 proceeding before, or the investigation conducted by, the Tribunal 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 a proceeding before, or an investigation conducted by, a Tribunal; 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 proceeding or investigation;

the person is not compellable to answer the question, or produce the document or article, for the purposes of this Division.

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Section 31 — Compellability of persons to attend etc — International War Crimes Tribunals Act 1995 (Commonwealth) — Barrister AI