Commonwealth Consolidated Acts

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Examination material and examinee

             (1)  Examination material is:

                     (a)  any evidence given by a person before an examiner at an examination; or

                     (b)  a document or thing produced by a person to an examiner at an examination; or

                     (c)  any information that might enable a person who has given evidence before an examiner at an examination to be identified; or

                     (d)  the fact that a person has given or may be about to give evidence at an examination.

             (2)  To avoid doubt, information, a document or a thing is not covered by paragraph (1)(a) or (b) to the extent that it is obtained otherwise than at an examination.

Example:    Before a document is produced at an examination, a law enforcement agency obtains a copy of the document when executing a search warrant. The copy obtained under the warrant is not examination material.

             (3)  The examinee is:

                     (a)  for an examination or examination material--the person referred to in paragraph (1)(a), (b), (c) or (d); or

                     (b)  for derivative material--the person who is the examinee for the examination material from which the derivative material was obtained.

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