Criminal Code Act 1899

If the prosecution can not comply with a time requirement because the thing to be disclosed was not in the possession of the prosecution in sufficient time, including, for example, because the thing did not exist at the time, the prosecution must disclose the thing to the accused person as soon as practicable after it comes into the possession of the prosecution.

The obligation to disclose a thing, other than an exculpatory thing, to the accused person continues despite a failure to comply with a time requirement or subsection (1) until the prosecution ends, whether by the accused person being discharged, acquitted or convicted, or in another way.

If a thing is an exculpatory thing, the obligation to disclose it to the accused person continues despite a failure to comply with a time requirement or subsection (1) until 1 of the following happens—

the accused person is discharged or acquitted;

the accused person dies.

In this section—time requirement means a requirement under section 590AI or 590AK. sch 1 pt 8 ch 62 ch div 3 ch sdiv C s 590AL ins 2003 No. 55 s 15