117Making compelled material available to courts15

117 Making compelled material available to courts15 (1) This section applies if:16 (a) a person has been charged with an offence before a federal17 court or a court of a State or Territory; and18 (b) a direction made under subsection 110(1) is in force that19 applies to compelled material; and20 (c) the court considers it may be desirable, in the interests of21 justice, that the compelled material be made available to the22 person or to a legal practitioner representing the person.23 (2) The court may give the Director-General a certificate stating the24 matter in paragraph (1)(c).25 (3) If the court does so, the Director-General must make the compelled26 material available to the court.27 (4) Before considering the matter in paragraph (1)(c), the court must:28 (a) notify the Director-General that the court is intending to29 consider that matter; and30 (b) consult the Director-General on that matter.31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 123 (5) If, after examining the compelled material, the court is satisfied1 that the interests of justice so require, the court may make the2 material available to any of the following:3 (a) the person or a legal practitioner representing the person;4 (b) if the person is not the witness in relation to the compelled5 material—the prosecutor of the person.6 118 Obtaining derivative material7 (1) An entity mentioned in subsection (3), that may lawfully use or8 disclose compelled material, may lawfully use or disclose the9 compelled material for the purpose of obtaining derivative material10 if the use or disclosure is:11 (a) a pre-charge use or disclosure of pre-charge compelled12 material; or13 (b) a post-charge use or disclosure of pre-charge compelled14 material; or15 (c) a post-charge use or disclosure of post-charge compelled16 material; or17 (d) a pre-confiscation application use or disclosure of18 pre-confiscation application compelled material; or19 (e) a post-confiscation application use or disclosure of20 pre-confiscation application compelled material; or21 (f) a post-confiscation application use or disclosure of22 post-confiscation application compelled material.23 (2) Subsection (1):24 (a) has effect subject to:25 (i) any direction made under subsection 110(1) (directions26 about use or disclosure of compelled material) that is in27 force, including as affected by subsection 121(1); and28 (ii) subsection 119(1) (disclosing compelled material to29 prosecutors of witness); and30 (b) does not, by implication, limit the use or disclosure of the31 compelled material for any other purpose.32 (3) The entities are as follows:33 (a) an examiner;34