105Disclosing investigation and derivative material to prosecutors of the witness

105 Disclosing investigation and derivative material to prosecutors of the witness

Investigation material (1) A person or body, that may lawfully disclose investigation material, may lawfully disclose the material to a prosecutor of the witness. (2) Subsection (1) has effect subject to section 100 (directions about use or disclosure of investigation material), unless subsection (4) applies. Derivative material (3) A person or body, that may lawfully disclose derivative material, may lawfully disclose the material to a prosecutor of the witness. Special rule for certain post‑charge disclosure (4) However, if the disclosure is one of the following, it may only be disclosed under a court order made under subsection 106(1): (a) a post‑charge disclosure of investigation material; (b) a post‑charge disclosure of derivative material that is obtained from post‑charge investigation material. Meaning of prosecutor and prosecuting authority (5) A prosecutor of a witness is an individual: (a) who is a prosecuting authority or is employed or engaged by a prosecuting authority; and (b) who: (i) makes, or is involved in the making of, a decision whether to prosecute the witness for a relevant offence; or (ii) is one of the individuals engaging in such a prosecution of the witness. (6) A prosecuting authority is an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence.