Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:2_96ae
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 2 cl 96AE
Character Range: 77023–78517

96AE  Certain material may always be disclosed to prosecutors of the witness
 (1) A person or body, that may lawfully disclose hearing material of a kind covered by paragraph 8A(1)(c) or (d), may lawfully disclose the material to a prosecutor of the witness.
 (2) A person or body, that may lawfully disclose hearing material or derivative material, may lawfully disclose the material to a prosecutor of the witness if the witness is suspected of, or has been charged with:
 (a) an offence against section 77B, 92, 93 or 94 in relation to the hearing; or
 (b) an offence against section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents) in relation to the hearing.
 (3) Subsection (1) or (2) has effect subject to any direction given under subsection 90(1).
 (4) Subsection (1) or (2) applies whether the disclosure is:
 (a) a pre‑charge disclosure of the material; or
 (b) a post‑charge disclosure of:
 (i) pre‑charge hearing material; or
 (ii) derivative material obtained from pre‑charge hearing material (whether from a pre‑charge use of the hearing material or otherwise); or
 (c) a post‑charge disclosure of:
 (i) post‑charge hearing material; or
 (ii) derivative material obtained from post‑charge hearing material;
and whether or not an order has been made under subsection 96AD(1).
 (5) Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph (4)(b) or (c), or both, had not been enacted.