Document ID: chunk:federal_register_of_legislation:C2025C00049:section:105
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 105
Character Range: 150780–152246

105  Disclosing investigation and derivative material to prosecutors of the witness

Investigation material
 (1) A person or body, that may lawfully disclose investigation material, may lawfully disclose the material to a prosecutor of the witness.
 (2) Subsection (1) has effect subject to section 100 (directions about use or disclosure of investigation material), unless subsection (4) applies.

Derivative material
 (3) A person or body, that may lawfully disclose derivative material, may lawfully disclose the material to a prosecutor of the witness.

Special rule for certain post‑charge disclosure
 (4) However, if the disclosure is one of the following, it may only be disclosed under a court order made under subsection 106(1):
 (a) a post‑charge disclosure of investigation material;
 (b) a post‑charge disclosure of derivative material that is obtained from post‑charge investigation material.

Meaning of prosecutor and prosecuting authority
 (5) A prosecutor of a witness is an individual:
 (a) who is a prosecuting authority or is employed or engaged by a prosecuting authority; and
 (b) who:
 (i) makes, or is involved in the making of, a decision whether to prosecute the witness for a relevant offence; or
 (ii) is one of the individuals engaging in such a prosecution of the witness.
 (6) A prosecuting authority is an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence.