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 [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) in relation to the evidence. > > > (5) The Commission may make orders placing restrictions or further restrictions on the further disclosure of any evidence or record of evidence allowed to be disclosed under subsection (3) or (4). > > > (6) A person must not make a disclosure in contravention of an order made under subsection (5). > > > > Maximum penalty—100 penalty units or imprisonment for 2 years, or both. > > > (7) A reference in this section to the disclosure of evidence or a record of evidence includes a reference to disclosure of any information directly contained in or implied from that evidence or record, except where the information could be obtained elsewhere. > > **ss 45A–45C:** Ins 2014 No 82, Sch 1 \[12\].