Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:2_96aa
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 2 cl 96AA
Character Range: 71703–73514

96AA  Obtaining derivative material
 (1) An entity mentioned in subsection (3), that may lawfully use or disclose hearing material, may lawfully use or disclose the material for the purpose of obtaining derivative material if the use or disclosure is:
 (a) a pre‑charge use or disclosure of the material; or
 (b) a post‑charge use or disclosure of pre‑charge hearing material; or
 (c) a post‑charge use or disclosure of post‑charge hearing material; or
 (d) a pre‑confiscation application use or disclosure of the hearing material; or
 (e) a post‑confiscation application use or disclosure of pre‑confiscation application hearing material; or
 (f) a post‑confiscation application use or disclosure of post‑confiscation application hearing material.
 (2) Subsection (1) has effect subject to:
 (a) any direction given under subsection 90(1); and
 (b) paragraph 96AB(1)(b), in the case of a disclosure to a prosecutor of the witness.
Subsection (1) does not, by implication, limit the use or disclosure of the hearing material for any other purpose.
 (3) The entities are as follows:
 (a) a staff member of ACLEI;
 (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) a prosecutor of the witness;
 (d) a prosecuting authority;
 (e) a proceeds of crime authority;
 (f) any other person or body lawfully in possession of the hearing material.
 (4) Without limiting its effect apart from this subsection, this Act also has the effect it would have if:
 (a) one or more of paragraphs (1)(b), (c), (e) and (f) had not been enacted; or
 (b) subsection (3) were, by express provision, confined to persons or bodies other than either or both of the following:
 (i) prosecutors of the witness;
 (ii) proceeds of crime authorities.