Document ID: chunk:federal_register_of_legislation:C2024C00841:section:34df
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 34DF
Character Range: 261490–264101

34DF  Directions in relation to confidentiality

Prohibition or limitation on use or disclosure
 (1) A prescribed authority must, in writing, give a direction that questioning material:
 (a) must not be used or disclosed; or
 (b) may only be used by, or disclosed to, specified persons in specified ways or on specified conditions;
if the prescribed authority is satisfied that the failure to give such a direction:
 (c) might prejudice a person's safety; or
 (d) would reasonably be expected to prejudice the fair trial of the subject for the material, if the subject has been charged with a related offence or such a charge is imminent.
 (2) A prescribed authority may give a direction under subsection (1) in relation to questioning material at any time when the subject for the material has not been excused or released from further attendance at questioning.
 (3) A direction given under subsection (1) by a prescribed authority in relation to questioning material may be varied or revoked, in writing, by:
 (a) the prescribed authority; or
 (b) if the subject for the material has been excused or released from further attendance at questioning—the Director‑General.
 (4) However, the direction cannot be varied or revoked if the prescribed authority or the Director‑General (as the case requires) is satisfied that the variation or revocation:
 (a) might prejudice a person's safety; or
 (b) would reasonably be expected to prejudice the fair trial of the subject for the material, if the subject has been charged with a related offence or such a charge is imminent.

Court certificate in relation to questioning material in respect of which a direction has been given
 (5) If:
 (a) a person has been charged with an offence before a federal court or a court of a State or Territory; and
 (b) the court considers that it may be desirable in the interests of justice that particular questioning material, in respect of which a prescribed authority has given a direction under subsection (1), be made available to the person or to a lawyer representing the person;
the court may give to the Director‑General a certificate to that effect. If the court does so, the Director‑General must make the questioning material available to the court.
 (6) If:
 (a) the Director‑General makes questioning material available to a court under subsection (5); and
 (b) the court, after examining the questioning material, is satisfied that the interests of justice so require;
the court may make the questioning material available to the person charged with the offence concerned or to a lawyer representing the person.