The abrogation of derivative use immunity under s 30 of the Australian Crime Commission Act 2002 (Cth) does not remove the protection afforded by s 25A(9) and (11) against dissemination of compulsorily obtained examination material to prosecutorial authorities where such dissemination might prejudice a fair trial. However, dissemination in breach of s 25A(9) does not automatically warrant a permanent stay; the court must consider whether the dissemination has in fact resulted in a fundamental defect in the trial process. The risk to a fair trial under s 25A(9) and (11) is the same whether dissemination occurs before or after charges are laid.
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