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Australian Criminal Intelligence Commission Bill 2026
121Court’s powers to order disclosure and to ensure a fair trial7
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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