Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:1_1:p1
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/3)
Character Range: 2464–5141

1  Subsection 4(1)
Insert:
against: a confiscation proceeding is against a person if:
 (a) for a proceeding under the Proceeds of Crime Act 2002—the person is a suspect (within the meaning of that Act) for the proceeding; or
 (b) for a proceeding under a law of a State or Territory—the person is in a corresponding category for that law.
charged: a person is charged with an offence if a process for prosecuting the person for the offence commences.
derivative material means any evidence, information, document or thing obtained directly or indirectly from examination material.
disclose, for examination material or derivative material, includes:
 (a) to make available; and
 (b) to disclose copies, contents or descriptions of that material.
examination means an examination under Division 2 of Part II.
examination material has the meaning given by subsection 4B(1).
examinee has the meaning given by subsection 4B(3).
imminent:
 (a) a charge against a person is imminent if:
 (i) the person is a protected suspect; or
 (ii) the person is under arrest for an offence, but has not been charged with the offence; or
 (iii) a person with authority to commence a process for prosecuting the person for an offence has decided to commence, but not yet commenced, the process; or
 (b) a confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but has not yet commenced, the proceeding.
Note: Subparagraph (a)(iii) applies, for example, if a person with authority to lay the charge has decided to lay, but not yet laid, the charge.
post‑charge:
 (a) a use or disclosure of examination material or derivative material is a post‑charge use or disclosure if the use or disclosure happens at a time when:
 (i) the examinee has been charged with a related offence and that charge is still to be resolved; or
 (ii) such a charge is imminent; or
 (b) material is post‑charge examination material if the material becomes examination material at a time when:
 (i) the examinee has been charged with a related offence and that charge is still to be resolved; or
 (ii) such a charge is imminent; or
 (c) an examination is a post‑charge examination if the examination commences at a time when:
 (i) the examinee has been charged with a related offence and that charge is still to be resolved; or
 (ii) such a charge is imminent; or
 (d) a summons is a post‑charge summons if the summons is issued to a person at a time when:
 (i) the person has been charged with a related offence and that charge is still to be resolved; or
 (ii) such a charge is imminent.
post‑confiscation application:
 (a) a use or disclosure of