Document ID: chunk:federal_register_of_legislation:C2025C00049:section:108
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 108
Character Range: 155177–156426

108  Use of material by prosecutors
 (1) If a prosecutor of the witness lawfully possesses investigation material or derivative material, the prosecutor may use that material for purposes that include:
 (a) making a decision whether to prosecute the witness; and
 (b) prosecuting the witness.
This use of the investigation material is subject to:
 (c) section 113 (self‑incrimination); and
 (d) any direction given under section 100 (directions about use or disclosure of investigation material).
 (2) If material is lawfully in the possession of a prosecutor of the witness, the fact that the material is investigation material or derivative material does not prevent it from being admissible in evidence against the witness in a criminal proceeding.
Note: The material may be inadmissible for other reasons (for example, because of subsection 113(2)).
 (3) This Subdivision does not, by implication, restrict the use of investigation material or derivative material by, or the disclosure of that material to:
 (a) a prosecuting authority who is not a prosecutor of the witness; or
 (b) an individual employed or engaged by such a prosecuting authority.
 (4) This section has effect subject to any law of the Commonwealth, a State or a Territory.