Document ID: chunk:federal_register_of_legislation:C2024C00612:section:25a:p2
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 25A (pt 2/3)
Character Range: 123741–126375

with a charge against the witness or such a charge that is imminent; or
 (c) subsection (6A) were, by express provision, confined to dealing with a confiscation proceeding against the witness that has commenced or is imminent.
 (7) If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness) is giving evidence at the examination, the examiner must:
 (a) inform the witness that the person is present; and
 (b) give the witness an opportunity to comment on the presence of the person.
 (8) To avoid doubt, a person does not cease to be entitled to be present at an examination before an examiner or part of such an examination if:
 (a) the examiner fails to comply with subsection (7); or
 (b) a witness comments adversely on the presence of the person under paragraph (7)(b).

Confidentiality
 (9) An examiner may direct that examination 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.
 (9A) An examiner must give a direction under subsection (9) about examination material if the failure to do so:
 (a) might prejudice a person's safety; or
 (b) would reasonably be expected to prejudice the examinee's fair trial, if the examinee has been charged with a related offence or such a charge is imminent.
 (10) A direction under subsection (9) about examination material may, in writing, be varied or revoked by:
 (a) the CEO; or
 (b) the examiner conducting the examination, if the examinee for the examination material has neither been excused nor released from further attendance at the examination.
 (11) However, the direction cannot be varied or revoked if the variation or revocation:
 (a) might prejudice a person's safety; or
 (b) would reasonably be expected to prejudice the examinee's fair trial, if the examinee has been charged with a related offence or such a charge is imminent.

Courts
 (12) If:
 (a) a person has been charged with an offence before a federal court or before a court of a State or Territory; and
 (b) the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person;
the court may give to the examiner or to the CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court.
 (13) If:
 (a)