Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:2_1:p2
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 2/3)
Character Range: 53045–55792

that charge is still to be resolved; or
 (ii) such a charge is imminent.
post‑confiscation application:
 (a) a use or disclosure of hearing material or derivative material is a post‑confiscation application use or disclosure if the use or disclosure happens at a time when:
 (i) a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or
 (ii) such a proceeding is imminent; or
 (b) material is post‑confiscation application hearing material if the material becomes hearing material at a time when:
 (i) a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or
 (ii) such a proceeding is imminent; or
 (c) a hearing is a post‑confiscation application hearing if the hearing commences at a time when:
 (i) a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or
 (ii) such a proceeding is imminent; or
 (d) a summons is a post‑confiscation application summons if the summons is issued to a person at a time when:
 (i) a related confiscation proceeding has commenced against the person and that proceeding is still to be resolved; or
 (ii) such a proceeding is imminent.
pre‑charge:
 (a) a use or disclosure of hearing material or derivative material is a pre‑charge use or disclosure if the use or disclosure happens at a time when:
 (i) the witness has not been charged with a related offence, and such a charge is not imminent; or
 (ii) all such charges have been resolved; or
 (b) material is pre‑charge hearing material if the material becomes hearing material at a time when:
 (i) the witness has not been charged with a related offence, and such a charge is not imminent; or
 (ii) all such charges have been resolved; or
 (c) a hearing is a pre‑charge hearing if the hearing commences at a time when:
 (i) the witness has not been charged with a related offence, and such a charge is not imminent; or
 (ii) all such charges have been resolved.
pre‑confiscation application:
 (a) a use or disclosure of hearing material or derivative material is a pre‑confiscation application use or disclosure if the use or disclosure happens at a time when:
 (i) a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved; or
 (b) material is pre‑confiscation application hearing material if the material becomes hearing material at a time when:
 (i) a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved; or
 (c) a hearing is a pre‑confiscation application hearing if the