sec.49DProcess after commencing prosecution

### sec.49D Process after commencing prosecution If a prosecuting authority commences a prosecution against the person for a corruption offence arising from the investigation, the prosecuting entity must, as soon as reasonably practicable after the prosecution is commenced, file a notice in the court before which the person is required to attend stating that— for a prosecution commenced under section 49B — the charge against the person is in accordance with the written advice of the director of public prosecutions; and the written advice is subject to legal professional privilege and will not be given to the person; or for a prosecution commenced under section 49C — the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and the prosecuting authority was of the opinion that exceptional circumstances applied; and the prosecuting entity will inform the person when the written advice is received by the commission; and the written advice will be subject to legal professional privilege and will not be given to the person. The notice must be in the form approved by the chief executive. The prosecuting entity must give a copy of the notice to the person. The prosecuting entity may— electronically file the notice in the court under subsection (1) ; and electronically give a copy of the notice to the person under subsection (3) . s 49D ins 2024 No. 41 s 7 (sec.49D-ssec.1) If a prosecuting authority commences a prosecution against the person for a corruption offence arising from the investigation, the prosecuting entity must, as soon as reasonably practicable after the prosecution is commenced, file a notice in the court before which the person is required to attend stating that— for a prosecution commenced under section 49B — the charge against the person is in accordance with the written advice of the director of public prosecutions; and the written advice is subject to legal professional privilege and will not be given to the person; or for a prosecution commenced under section 49C — the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and the prosecuting authority was of the opinion that exceptional circumstances applied; and the prosecuting entity will inform the person when the written advice is received by the commission; and the written advice will be subject to legal professional privilege and will not be given to the person. (sec.49D-ssec.2) The notice must be in the form approved by the chief executive. (sec.49D-ssec.3) The prosecuting entity must give a copy of the notice to the person. (sec.49D-ssec.4) The prosecuting entity may— electronically file the notice in the court under subsection (1) ; and electronically give a copy of the notice to the person under subsection (3) . - (a) for a prosecution commenced under section 49B — (i) the charge against the person is in accordance with the written advice of the director of public prosecutions; and (ii) the written advice is subject to legal professional privilege and will not be given to the person; or - (i) the charge against the person is in accordance with the written advice of the director of public prosecutions; and - (ii) the written advice is subject to legal professional privilege and will not be given to the person; or - (b) for a prosecution commenced under section 49C — (i) the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and (ii) the prosecuting authority was of the opinion that exceptional circumstances applied; and (iii) the prosecuting entity will inform the person when the written advice is received by the commission; and (iv) the written advice will be subject to legal professional privilege and will not be given to the person. - (i) the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and - (ii) the prosecuting authority was of the opinion that exceptional circumstances applied; and - (iii) the prosecuting entity will inform the person when the written advice is received by the commission; and - (iv) the written advice will be subject to legal professional privilege and will not be given to the person. - (i) the charge against the person is in accordance with the written advice of the director of public prosecutions; and - (ii) the written advice is subject to legal professional privilege and will not be given to the person; or - (i) the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and - (ii) the prosecuting authority was of the opinion that exceptional circumstances applied; and - (iii) the prosecuting entity will inform the person when the written advice is received by the commission; and - (iv) the written advice will be subject to legal professional privilege and will not be given to the person. - (a) electronically file the notice in the court under subsection (1) ; and - (b) electronically give a copy of the notice to the person under subsection (3) .