Criminal Code Act 1899

For a relevant proceeding, a thing is in the possession of the prosecution only if the thing is in the possession of the prosecution under subsection (2) or (3).

A thing is in the possession of the prosecution if it is in the possession of the arresting officer or a person appearing for the prosecution.

A thing is also in the possession of the prosecution if—

the thing is in the possession of—

for a prosecution conducted by the director of public prosecutions—the director; or

for a prosecution conducted by the police service—the police service; and

the arresting officer or a person appearing for the prosecution—

is aware of the existence of the thing; and

is, or would be, able to locate the thing without unreasonable effort.

sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AE ins 2003 No. 55 s 15