176Disclosure and use of examination material

#### 176 Disclosure and use of examination material 176 Disclosure and use of examination material > > (1) Direction regarding use and disclosure An examining Commissioner may direct that examination material— > > > > > (a) must not be used or disclosed, or > > > > > (b) may only be used by, or disclosed to, specified persons in specified ways or on specified conditions. > > > (2) Offence A person must not use or disclose examination material in contravention of a direction given under this section. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months, or both. > > > (3) Exceptions It is not a contravention of a direction given under this section to disclose examination material— > > > > > (a) to a medical practitioner or psychologist for the purposes of that health practitioner providing medical or psychiatric care, treatment or counselling (including but not limited to psychological counselling) to a person who has given or may be about to give evidence before an examining Commissioner, or > > > > > (b) to the Director of Public Prosecutions for the purposes of the Director of Public Prosecutions providing advice about the commencement of proceedings against particular persons for criminal offences against laws of the State. > > > (4) In this section— > > > > examination material means the following— > > > > > (a) any evidence given by a person before an examining Commissioner at an examination or record of the evidence, > > > > > (b) a statement, document or other thing produced by a person in accordance with a production requirement or seized under a search warrant, > > > > > (c) any information that might enable a person who has given or is about to give evidence before an examining Commissioner to be identified or located, > > > > > (d) the fact that a person has given or may be about to give evidence at an examination, > > > > > (e) any written submission received by an examining Commissioner (including but not limited to submissions made by an Australian legal practitioner appointed to assist the Commission). > > **s 176:** Am 2022 No 14, Sch 6\[13\].