NSWIn ForceAct
Crime Commission Act 2012
45AADisclosure of evidence to certain agencies
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#### 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—
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> > > (a) an agency responsible for making an application for a relevant order,
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> > > (b) a court to which the Commission or another agency makes an application for a relevant order,
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> > > (c) a defendant in proceedings for a relevant order.
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> > (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.
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> > (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.
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> > (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.
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> > (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).
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> > (6) In this section—
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> > derivative evidence has the same meaning as in section 39A(1).
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> > evidence includes a matter specified in section 45(1)(a), (b), (c) or (d).
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> > relevant order has the same meaning as in section 39.
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> **s 45AA:** Ins 2022 No 55, Sch 2\[10\].