Commonwealth Consolidated Acts Commonwealth Consolidated ActsProhibition or limitation on use or disclosure
(1) A prescribed authority must, in writing, give a direction that questioning material:
(a) must not be used or disclosed; or
(b) may only be used by, or disclosed to, specified persons in specified ways or on specified conditions;
if the prescribed authority is satisfied that the failure to give such a direction:
(c) might prejudice a person's safety; or
(d) would reasonably be expected to prejudice the fair trial of the subject for the material, if the subject has been charged with a related offence or such a charge is imminent.
(2) A prescribed authority may give a direction under subsection (1) in relation to questioning material at any time when the subject for the material has not been excused or released from further attendance at questioning.
(3) A direction given under subsection (1) by a prescribed authority in relation to questioning material may be varied or revoked, in writing, by:
(a) the prescribed authority; or
(b) if the subject for the material has been excused or released from further attendance at questioning--the Director - General.
(4) However, the direction cannot be varied or revoked if the prescribed authority or the Director - General (as the case requires) is satisfied that the variation or revocation:
(a) might prejudice a person's safety; or
(b) would reasonably be expected to prejudice the fair trial of the subject for the material, if the subject has been charged with a related offence or such a charge is imminent.
Court certificate in relation to questioning material in respect of which a direction has been given
(5) If:
(a) a person has been charged with an offence before a federal court or a court of a State or Territory; and
(b) the court considers that it may be desirable in the interests of justice that particular questioning material, in respect of which a prescribed authority has given a direction under subsection (1), be made available to the person or to a lawyer representing the person;
the court may give to the Director - General a certificate to that effect. If the court does so, the Director - General must make the questioning material available to the court.
(6) If:
(a) the Director - General makes questioning material available to a court under subsection (5); and
(b) the court, after examining the questioning material, is satisfied that the interests of justice so require;
the court may make the questioning material available to the person charged with the offence concerned or to a lawyer representing the person.