121Court’s powers to order disclosure and to ensure a fair trial7

121 Court’s powers to order disclosure and to ensure a fair trial7 Court may order that material may be disclosed8 (1) A court may, on application or on its own initiative, order that9 compelled material or derivative material may be disclosed to10 prosecutors of the witness if the court is satisfied that the11 disclosure is required:12 (a) in the interests of justice; and13 (b) despite any direction made under subsection 110(1) that is in14 force.15 (2) An order under subsection (1) may specify the prosecutors (by any16 means), and the uses to which the prosecutors may put the17 material.18 (3) Subsection (1) applies to the following courts:19 (a) if the witness has been charged with a relevant offence before20 a federal court or a court of a State or Territory—that court;21 (b) otherwise—a federal court (other than the Federal Circuit and22 Family Court of Australia (Division 1)) or a court of a State23 or Territory.24 Court’s powers to ensure the witness’ fair trial25 (4) This Subdivision does not, by implication, restrict a court’s power26 to make any orders necessary to ensure that the witness’ fair trial is27 not prejudiced by the possession or use of compelled material or28 derivative material by a prosecutor of the witness.29 (5) However, a person’s trial for:30 (a) an offence against a law of the Commonwealth or of a31 Territory; or32