Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:2_96ag
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 2 cl 96AG
Character Range: 79666–81229

96AG  Proceeds of crime authorities and hearings
 (1) A person or body, that may lawfully disclose hearing material or derivative material, may lawfully disclose the material to a proceeds of crime authority if the disclosure is:
 (a) a pre‑confiscation application disclosure of the material; or
 (b) a post‑confiscation application disclosure of:
 (i) pre‑confiscation application hearing material; or
 (ii) derivative material obtained from pre‑confiscation application hearing material (whether from a pre‑confiscation application use of the hearing material or otherwise); or
 (c) a post‑confiscation application disclosure of:
 (i) post‑confiscation application hearing material; or
 (ii) derivative material obtained from post‑confiscation application hearing material.
 (2) Subsection (1) has effect subject to any direction given under subsection 90(1).
 (3) If material is lawfully in the possession of a proceeds of crime authority, the fact that the material is hearing material or derivative material does not prevent it from being admissible in evidence against the witness in a confiscation proceeding.
Note: The material may be inadmissible for other reasons (for example, because of subsection 96(4)).
 (4) Subsections (3), 80(4A) and 96(4A) do not, by implication, restrict a court's power to make any orders necessary to prevent prejudice to the proper administration of justice.
 (5) Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph (1)(b) or (c), or both, had not been enacted.