Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 25H

Proceeds of crime authorities and examinations

             (1)  A person or body, that may lawfully disclose examination material or derivative material, may lawfully disclose the material to a proceeds of crime authority if the disclosure is:

                     (a)  a pre-confiscation application disclosure of the material; or

                     (b)  a post-confiscation application disclosure of:

                              (i)  pre-confiscation application examination material; or

                             (ii)  derivative material obtained from pre-confiscation application examination material (whether from a pre-confiscation application use of the examination material or otherwise); or

                     (c)  a post-confiscation application disclosure of:

                              (i)  post-confiscation application examination material; or

                             (ii)  derivative material obtained from post-confiscation application examination material.

             (2)  Subsection (1) has effect subject to any relevant direction given under subsection 25A(9).

             (3)  If material is lawfully in the possession of a proceeds of crime authority, 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 confiscation proceeding.

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

             (4)  Subsections (3), 21E(3) and 30(5A) do not, by implication, restrict a court's power to make any orders necessary to prevent prejudice to the proper administration of justice.

             (5)  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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