Certain material may always be disclosed to prosecutors of the subject
34ED Certain material may always be disclosed to prosecutors of the subject
A person or body, that may lawfully disclose questioning material of a kind covered by paragraph 34AB(1)(c) or (d), may lawfully disclose the material to a prosecutor of the subject for the material.
A person or body, that may lawfully disclose questioning material or derivative material, may lawfully disclose the material to a prosecutor of the subject for the material if the subject is suspected of, or has been charged with:
an offence against this Division in relation to the relevant questioning warrant; or
an offence against section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents) in relation to the relevant questioning warrant.
Subsection (1) or (2) has effect subject to any direction given under subsection 34DF(1).
Subsection (1) or (2) applies whether the disclosure is:
a pre‑charge disclosure of the material; or
a post‑charge disclosure of:
pre‑charge questioning material; or
derivative material obtained from pre‑charge questioning material (whether from a pre‑charge use of the questioning material or otherwise); or
a post‑charge disclosure of:
post‑charge questioning material; or
derivative material obtained from post‑charge questioning material;
and whether or not an order has been made under subsection 34EC(1).
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.
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