Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34e
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34E
Character Range: 94769–96692

34E  Obtaining derivative material
 (1) An entity mentioned in subsection (3), that may lawfully use or disclose questioning material, may lawfully use or disclose the material for the purpose of obtaining derivative material if the use or disclosure is:
 (a) a pre‑charge use or disclosure of the material; or
 (b) a post‑charge use or disclosure of pre‑charge questioning material; or
 (c) a post‑charge use or disclosure of post‑charge questioning material; or
 (d) a pre‑confiscation application use or disclosure of the material; or
 (e) a post‑confiscation application use or disclosure of pre‑confiscation application questioning material; or
 (f) a post‑confiscation application use or disclosure of post‑confiscation application questioning material.
 (2) Subsection (1) has effect subject to:
 (a) any direction given under subsection 34DF(1); and
 (b) paragraph 34EA(1)(b), in the case of a disclosure to a prosecutor of the subject for the material.
Subsection (1) does not, by implication, limit the use or disclosure of the questioning material for any other purpose.
 (3) The entities are as follows:
 (a) the Director‑General;
 (b) an entrusted person;
 (c) a person or body investigating whether the subject for the material committed an offence against a law of the Commonwealth or of a State or Territory;
 (d) a prosecutor of the subject for the material;
 (e) a prosecuting authority;
 (f) a proceeds of crime authority;
 (g) any other person or body lawfully in possession of the questioning material.
 (4) Without limiting its effect apart from this subsection, this Act also has the effect it would have if:
 (a) one or more of paragraphs (1)(b), (c), (e) and (f) had not been enacted; or
 (b) subsection (3) were, by express provision, confined to persons or bodies other than either or both of the following:
 (i) prosecutors of the subject for the material;
 (ii) proceeds of crime authorities.