76HEffect of div 8.2A on other laws

76H Effect of div 8.2A on other laws (1) This division does not limit another territory law that requires the prosecution in a criminal proceeding to disclose something to an accused person. Note Territory law includes the common law (see Legislation Act, dict, pt 1, def territory law and law, of the Territory). (2) This division does not require the disclosure by the prosecutor of anything that is the subject of— (a) a claim of privilege or public interest immunity; or (b) an immunity conferred by a law applying in the ACT or elsewhere; or (c) a prohibition or restriction under a law applying in the ACT or elsewhere on the disclosure of the thing to the accused person (a non-disclosure obligation). (3) However, if the prosecutor does not disclose something mentioned in subsection (2), they must instead give the accused person a statement that— (a) describes the thing to the extent possible without— (i) prejudicing a claim or intended claim of privilege or immunity or an application in relation to a non-disclosure obligation; or (ii) contravening a non-disclosure obligation; and (b) outlines the nature of the claim or intended claim of privilege or immunity or the non-disclosure obligation that applies to the thing. (4) A statement under subsection (3) must be given to the accused person— (a) if the thing was not disclosed under section 76B—at the same time as disclosure is required under section 76B (3); or

(b) if the thing was not disclosed under section 76C—as soon as possible after the thing comes into the prosecutor’s possession or control, or to their notice.