106Court’s powers to order disclosure and to ensure a fair trial

#### 106 Court’s powers to order disclosure and to ensure a fair trial Court may order that material may be disclosed (1) A court may, on application or on its own initiative, order that investigation material or derivative material may be disclosed to prosecutors of the witness if the court is satisfied that the disclosure is required: (a) in the interests of justice; and (b) despite any direction given under section 100. The order may specify the prosecutors (by any means), and the uses to which they may put the material. (2) Subsection (1) applies to the following courts: (a) if the witness has been charged with a relevant offence before a federal court or a court of a State or Territory—that court; (b) otherwise—a federal court (other than the Federal Circuit and Family Court of Australia (Division 1)) or a court of a State or Territory. Court’s powers to ensure the witness’ fair trial (3) This Subdivision does not, by implication, restrict a court’s power to make any orders necessary to ensure that the witness’ fair trial is not prejudiced by the possession or use of investigation material or derivative material by a prosecutor of the witness. (4) However, a person’s trial for: (a) an offence against a law of the Commonwealth or of a Territory; or (b) an offence against a law of a State that has a federal aspect (within the meaning of the Crimes Act 1914); is not unfair merely because the person has been a witness. This applies whether the person became a witness: (c) before being charged with the offence and before such a charge was imminent; or (d) after being charged with the offence or after such a charge was imminent.