45AADisclosure of evidence to certain agencies

45AA Disclosure of evidence to certain agencies

45AA Disclosure of evidence to certain agencies

(1) The Commission may direct evidence, including derivative evidence, given before the Commission by a witness to be disclosed to one or more of the following—

(a) an agency responsible for making an application for a relevant order,

(b) a court to which the Commission or another agency makes an application for a relevant order,

(c) a defendant in proceedings for a relevant order.

(2) The Commission must, in determining whether to give a direction under subsection (1), consider the real risk of prejudice to the fair criminal trial of the person whose property is subject to the relevant order.

(3) Subsection (1) does not apply to evidence or derivative evidence obtained or given after proceedings for the relevant order have commenced or during the period when the proceedings are imminent.

(4) Proceedings are imminent if a person authorised to commence the proceedings has provided written approval for the commencement of the proceedings and the proceedings have not yet commenced.

(5) A direction given under this section prevails to the extent of an inconsistency with a direction given under section 45(1) or 45A(3) or (4).

(6) In this section—

derivative evidence has the same meaning as in section 39A(1).

evidence includes a matter specified in section 45(1)(a), (b), (c) or (d).

relevant order has the same meaning as in section 39.

s 45AA: Ins 2022 No 55, Sch 2[10].