Proceeds of crime authorities and questioning under a questioning warrant
34EF Proceeds of crime authorities and questioning under a questioning warrant
A person or body, that may lawfully disclose questioning material or derivative material, may lawfully disclose the material to a proceeds of crime authority if the disclosure is:
a pre‑confiscation application disclosure of the material; or
a post‑confiscation application disclosure of:
pre‑confiscation application questioning material; or
derivative material obtained from pre‑confiscation application questioning material (whether from a pre‑confiscation application use of the questioning material or otherwise); or
a post‑confiscation application disclosure of:
post‑confiscation application questioning material; or
derivative material obtained from post‑confiscation application questioning material.
Subsection (1) has effect subject to any direction given under subsection 34DF(1).
If material is lawfully in the possession of a proceeds of crime authority, the fact that the material is questioning material or derivative material does not prevent it from being admissible in evidence against the subject for the material in a confiscation proceeding.
The material may be inadmissible for other reasons (for example, because of subsection 34GD(6)).
Subsection (3) of this section and subsection 34GD(6) do not, by implication, restrict a court’s power to make any orders necessary to prevent prejudice to the proper administration of justice.
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.
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