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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 143

Limited operation--obtaining derivative material

Limitation relating to offences

  (1)   In addition to its effect apart from this subsection, this Act also has the effect it would have if the use or disclosure by an entity of investigation material under subsection   104(1) in relation to a witness for the purpose of obtaining derivative material were, by express provision, confined to either or both of the following:

  (a)   a pre - charge use or disclosure;

  (b)   a post - charge use or disclosure of pre - charge investigation material.

Limitation relating to confiscation proceedings

  (2)   In addition to its effect apart from this subsection, this Act also has the effect it would have if the use or disclosure by an entity of investigation material under subsection   104(1) in relation to a witness for the purpose of obtaining derivative material were, by express provision, confined to either or both of the following:

  (a)   a pre - confiscation application use or disclosure;

  (b)   a post - confiscation application use or disclosure of pre - confiscation application investigation material.

Limitation of entities

  (3)   In addition to its effect apart from this subsection, this Act also has the effect it would have if the entities that may lawfully use or disclose investigation material in relation to a witness for the purpose of obtaining derivative material were, by express provision, limited to one or more of the following entities:

  (a)   a staff member of the NACC;

  (b)   a person or body investigating whether the witness committed an offence against a law of the Commonwealth or of a State or Territory;

  (c)   the Inspector;

  (d)   a person assisting the Inspector;

  (e)   a prosecuting authority;

  (f)   a proceeds of crime authority;

  (g)   any other person or body, other than a prosecutor of the witness, lawfully in possession of the investigation material;

  (h)   any other person or body, other than a proceeds of crime authority, lawfully in possession of the investigation material.



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