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Australian Criminal Intelligence Commission Bill 2026
123Use of material by prosecutors14
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123 Use of material by prosecutors14
(1) If a prosecutor of the witness lawfully possesses compelled15
material or derivative material, the prosecutor may use that16
material for purposes that include:17
(a) making a decision whether to prosecute the witness; and18
(b) prosecuting the witness.19
(2) The use of the compelled material under subsection (1) is subject20
to:21
(a) section 126 (privilege against self-incrimination); and22
(b) any direction made under subsection 110(1) (directions about23
use or disclosure of compelled material) that is in force.24
(3) If material is lawfully in the possession of a prosecutor of the25
witness, the fact that the material is compelled material or26
derivative material does not prevent it from being admissible in27
evidence against the witness in a criminal proceeding.28
Note: The material may be inadmissible for other reasons (for example,29
because of subsection 126(3)).30
(4) Subsection (1) and sections 118 to 122 do not, by implication,31
restrict the use of compelled material or derivative material by, or32
the disclosure of that material to:33