126Australian Criminal Intelligence Commission Bill 2026 No. , 2026

126 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (b) a State offence that has a federal aspect;1 is not unfair merely because the person has been a witness.2 (6) Subsection (5) applies whether the person became a witness:3 (a) before being charged with the offence and before such a4 charge was imminent; or5 (b) after being charged with the offence or after such a charge6 was imminent.7 122 Certain material may always be disclosed to prosecutors of the8 witness9 (1) A person or body, that may lawfully disclose compelled material of10 a kind covered by paragraph 108(1)(d), (e), (f), (g) or (h) may11 lawfully disclose the material to a prosecutor of the witness.12 (2) A person or body, that may lawfully disclose compelled material or13 derivative material, may lawfully disclose the material to a14 prosecutor of the witness if the witness is suspected of, or has been15 charged with, one or more of the following offences:16 (a) an offence against this Part, other than an offence against17 section 81, 93 or 97;18 (b) an offence against any of the following that relates to a notice19 to produce or an examination:20 (i) section 137.1 or 137.2 of the Criminal Code (about false21 or misleading information or documents);22 (ii) section 144.1 or 145.1 of the Criminal Code (about23 forgery);24 (c) an offence against section 149.1 of the Criminal Code (about25 obstruction of Commonwealth public officials) that relates to26 this Act.27 (3) Subsections (1) and (2) have effect subject to any direction made28 under subsection 110(1) that is in force, including as affected by29 subsection 121(1).30 (4) Subsections (1) and (2) apply to a disclosure that is:31 (a) a pre-charge disclosure of:32 (i) pre-charge compelled material; or33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 127 (ii) derivative material obtained from pre-charge compelled1 material; or2 (b) a post-charge disclosure of:3 (i) pre-charge compelled material; or4 (ii) derivative material obtained from pre-charge compelled5 material (whether from a pre-charge use of the6 compelled material or otherwise); or7 (c) a post-charge disclosure of:8 (i) post-charge compelled material; or9 (ii) derivative material obtained from post-charge10 compelled material;11 and whether or not an order has been made under12 subsection 121(1).13