Commonwealth Consolidated Acts

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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34EA

Disclosing questioning material to prosecutors of the subject

  (1)   A person or body, that may lawfully disclose questioning material, may lawfully disclose the material to a prosecutor of the subject for the material if the disclosure is:

  (a)   a pre - charge disclosure of the material; or

  (b)   a post - charge disclosure of:

  (i)   pre - charge questioning material; or

  (ii)   post - charge questioning material;

    under an order made under subsection   34EC(1).

  (2)   Subsection   (1) has effect subject to any direction given under subsection   34DF(1), in the case of a pre - charge disclosure of the material.

Note:   In the case of a post - charge disclosure, the court may have regard to any direction given under subsection   34DF(1) in deciding whether to make an order under subsection   34EC(1).

  (3)   Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph   (1)(b), or either of its subparagraphs, had not been enacted.


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