Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person lawfully possesses questioning material or derivative material; and
(b) the person is a prosecutor of the subject for the material;
the person may use that material for purposes that include:
(c) making a decision whether to prosecute the subject; and
(d) prosecuting the subject.
This use of the questioning material is subject to subsection 34GD(6) and any direction given under subsection 34DF(1).
(2) If material is lawfully in the possession of a prosecutor of the subject for the material, the fact that the material is questioning material or derivative material does not prevent it from being admissible in evidence against the subject in a criminal proceeding.
Note: The material may be inadmissible for other reasons (for example, because of subsection 34GD(6)).
(3) This Subdivision does not, by implication, restrict the use of questioning material or derivative material by, or the disclosure of that material to:
(a) a prosecuting authority; or
(b) an individual employed or engaged by a prosecuting authority;
who is not a prosecutor of the subject for the material.
(4) This section has effect subject to any other law of the Commonwealth, or a law of a State or a Territory.