45ADisclosure of evidence of accused about offence for which charged

45A Disclosure of evidence of accused about offence for which charged

45A Disclosure of evidence of accused about offence for which charged

(1) This section applies where—

(a) evidence involving the subject matter of an offence (the offence concerned) is given before the Commission, and

(b) the evidence was provided by a person (the witness) who is at that time the subject of a current charge for the offence concerned, and

(c) the witness objected to providing the evidence.

(2) The Commission must not allow any of the evidence or a record of any of the evidence to be disclosed to a member of an investigative agency or a prosecutor if the member of the agency or the prosecutor is involved in the investigation or prosecution of the offence concerned.

(3) Subject to subsection (2), the Commission may direct any of the evidence or a record of any of the evidence to be disclosed to a member of an investigative agency, if—

(a) the Commission considers the disclosure is desirable in the interests of justice, and

(b) the Commission restricts the use of the disclosed evidence or record of evidence so that it is used only in the investigation or prosecution of—

(i) the witness for an offence against a provision of this Act or an offence related to the falsity of the evidence given by the witness, or

(ii) the witness for an offence, other than the offence concerned, or

(iii) a person other than the witness, and

(c) before the evidence was given, the Commission informed the witness of the Commission’s power to direct disclosure to a member of an investigative agency under this subsection.

(4) Despite subsection (2), the Commission may direct any of the evidence or a record of any of the evidence to be disclosed to the Director of Public Prosecutions for the purposes of—

(a) a request or advice to the Attorney General in respect of granting the witness indemnity from prosecution in relation to the matter the subject of the current charge, or

(b) advice to the Attorney General on a proposed undertaking by the Attorney General under section 33 of the in relation to the evidence.