4BExamination material and examinee

#### 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. > Note: 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.