Commonwealth Consolidated Acts

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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 105

Disclosing investigation and derivative material to prosecutors of the witness

Investigation material

  (1)   A person or body, that may lawfully disclose investigation material, may lawfully disclose the material to a prosecutor of the witness.

  (2)   Subsection   (1) has effect subject to section   100 (directions about use or disclosure of investigation material), unless subsection   (4) applies.

Derivative material

  (3)   A person or body, that may lawfully disclose derivative material, may lawfully disclose the material to a prosecutor of the witness.

Special rule for certain post - charge disclosure

  (4)   However, if the disclosure is one of the following, it may only be disclosed under a court order made under subsection   106(1):

  (a)   a post - charge disclosure of investigation material;

  (b)   a post - charge disclosure of derivative material that is obtained from post - charge investigation material.

Meaning of prosecutor and prosecuting authority

  (5)   A prosecutor of a witness is an individual:

  (a)   who is a prosecuting authority or is employed or engaged by a prosecuting authority; and

  (b)   who:

  (i)   makes, or is involved in the making of, a decision whether to prosecute the witness for a relevant offence; or

  (ii)   is one of the individuals engaging in such a prosecution of the witness.

  (6)   A prosecuting authority is an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence.



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