Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:2_96af
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 2 cl 96AF
Character Range: 78517–79666

96AF  Other matters about prosecutors and witnesses
 (1) If a prosecutor of the witness lawfully possesses hearing material or derivative material, the prosecutor may use that material for purposes that include:
 (a) making a decision whether to prosecute the witness; and
 (b) prosecuting the witness.
This use of the hearing material is subject to subsection 96(4A) and any direction given under subsection 90(1).
 (2) If material is lawfully in the possession of a prosecutor of the witness, the fact that the material is hearing material or derivative material does not prevent it from being admissible in evidence against the witness in a criminal proceeding.
Note: The material may be inadmissible for other reasons (for example, because of subsection 96(4)).
 (3) This Subdivision does not, by implication, restrict the use of hearing 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 witness.
 (4) This section has effect subject to any law of the Commonwealth, a State or Territory.