Commonwealth Consolidated Acts

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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 107

Certain material may always be disclosed to prosecutors of the witness

  (1)   A person or body, that may lawfully disclose investigation material of a kind covered by paragraph   99(1)(d), (e), (f), (g) or (h), may lawfully disclose the investigation material, or derivative material obtained from the investigation material, to a prosecutor of the witness.

  (2)   A person or body, that may lawfully disclose investigation material or derivative material, may lawfully disclose the material to a prosecutor of the witness if the witness is suspected of, or has been charged with:

  (a)   an offence against this Part, other than an offence against subsection   75(5) (person present at a private hearing without authority); or

  (b)   an offence against any of the following that relates to a notice to produce or a hearing:

  (i)   section   137.1 or 137.2 of the Criminal Code (about false or misleading information or documents);

  (ii)   section   144.1 or 145.1 of the Criminal Code (about forgery); or

  (c)   an offence against section   149.1 of the Criminal Code (about obstruction of Commonwealth public officials) that relates to this Act.

  (3)   Subsections   (1) and (2) have effect subject to any direction given under section   100, including as affected by subsection   106(1).



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