39ADerivative evidence

#### 39A Derivative evidence 39A Derivative evidence > > (1) Any further information, evidence, document or thing (the derivative evidence) obtained as a result of— > > > > > (a) the questioning under section 24 of a witness at a hearing before the Commission, or > > > > > (b) the production under section 24 or 29 of a document or thing, > > > > (the original evidence) is not inadmissible in any civil or criminal proceeding or in any disciplinary proceeding. > > > (2) Without limiting subsection (1), the derivative evidence is not inadmissible on the ground— > > > > > (a) that the original evidence had to be given or produced, or > > > > > (b) that the original evidence might incriminate the witness, or > > > > > (c) that the witness was questioned (or required to produce the document or thing) in relation to the subject matter of the offence for which the witness was charged before the charge was laid, or > > > > > (d) that the original evidence was obtained at a hearing when the witness was questioned (or required to produce the document or thing) pursuant to leave granted for the purposes of section 35A in relation to a particular offence and the original evidence related to another offence, being an offence with which the witness was not yet charged. > > > (3) The derivative evidence is not admissible against the witness where the witness was questioned (or required to produce the document or thing) pursuant to leave granted for the purposes of section 35A in relation to the subject matter of the offence for which the witness was charged. > > > (4) However, an exception under subsection (3) does not apply if the derivative evidence could have been obtained (or its significance understood) without the testimony of the witness. > > > (5) Nothing in this section affects the operation of section 39. > > **s 39A:** Ins 2014 No 82, Sch 1 \[7\].