QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.41AUse and dissemination of examination information
Start here
Get a plain-English read of sec.41A
Turn the raw legal text into a practical explanation grounded in Criminal Proceeds Confiscation Act 2002.
### sec.41A Use and dissemination of examination information
This section applies to a statement, disclosure, document or other thing mentioned in section 40 (2) ( examination information ).
The DPP or the commission may give the examination information to—
a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or
an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.
The giving of examination information under subsection (2) , its use to obtain derived evidence or the admissibility of the derived evidence in a proceeding, including a prosecution for an offence, is unaffected by—
the fact that the examination information was obtained because of section 40 and subject to section 39B ; or
any duty of confidentiality owed to the person from whom the examination information was obtained; or
the objects of this Act or the particular purpose for which the examination information was obtained.
In this section—
entity of the State, another State or the Commonwealth includes a law enforcement agency established under a law of the State, another State or the Commonwealth.
s 41A ins 2009 No. 2 s 20
(sec.41A-ssec.1) This section applies to a statement, disclosure, document or other thing mentioned in section 40 (2) ( examination information ).
(sec.41A-ssec.2) The DPP or the commission may give the examination information to— a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.
(sec.41A-ssec.3) The giving of examination information under subsection (2) , its use to obtain derived evidence or the admissibility of the derived evidence in a proceeding, including a prosecution for an offence, is unaffected by— the fact that the examination information was obtained because of section 40 and subject to section 39B ; or any duty of confidentiality owed to the person from whom the examination information was obtained; or the objects of this Act or the particular purpose for which the examination information was obtained.
(sec.41A-ssec.4) In this section— entity of the State, another State or the Commonwealth includes a law enforcement agency established under a law of the State, another State or the Commonwealth.
- (a) a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or
- (b) an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.
- (a) the fact that the examination information was obtained because of section 40 and subject to section 39B ; or
- (b) any duty of confidentiality owed to the person from whom the examination information was obtained; or
- (c) the objects of this Act or the particular purpose for which the examination information was obtained.