Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 4B

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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