Commonwealth Consolidated Acts

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Other matters about prosecutors and examinees

             (1)  If a prosecutor of the examinee lawfully possesses examination material or derivative material, the prosecutor may use that material for purposes that include:

                     (a)  making a decision whether to prosecute the examinee; and

                     (b)  prosecuting the examinee.

This use of the examination material is subject to subsection 30(5) and any relevant direction given under subsection 25A(9).

             (2)  If material is lawfully in the possession of a prosecutor of the examinee, the fact that the material is examination material or derivative material does not prevent it from being admissible in evidence against the examinee in a criminal proceeding.

Note:          The material may be inadmissible for other reasons (for example, because of subsection 30(5)).

             (3)  Sections 25B to 25F and subsection (1) of this section do not, by implication, restrict the use of examination material or derivative material by, or the disclosure of that material to:

                     (a)  a prosecuting authority; or

                     (b)  an individual employed or engaged by a prosecuting authority;

who is not a prosecutor of the examinee.

             (4)  This section has effect subject to any law of the Commonwealth, a State or Territory.

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