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Part 7—Investigating corruption issues

Part 7 Investigating corruption issues

Division 1 General

55   Application of Part

                   This Part applies:

                     (a)  to the Commissioner’s investigation of a corruption issue that could, in the Commissioner’s opinion, involve corrupt conduct that is serious or systemic; and

                     (b)  whether the investigation is conducted:

                              (i)  by the Commissioner only; or

                             (ii)  jointly by the Commissioner and a Commonwealth agency or a State or Territory government entity.

56   Conduct of corruption investigations generally

                   The Commissioner may investigate the corruption issue in such manner as the Commissioner thinks fit.

Division 2 Requiring information, documents and things

Subdivision A Directions to agency heads

57   Directions to agency heads

             (1)  This section applies if the Commissioner has reasonable grounds to suspect that a Commonwealth agency has information, or a document or thing, relevant to a corruption investigation.

             (2)  The Commissioner may, by writing, direct the head of the Commonwealth agency to give the information, document or thing to a specified staff member of the NACC.

             (3)  The direction is a direction to produce .

             (4)  The agency head must comply with the request as soon as practicable.

Subdivision B Notices to produce

58   Notices to produce

             (1)  This section applies if the Commissioner has reasonable grounds to suspect that a person has information, or a document or thing, relevant to a corruption investigation.

             (2)  The Commissioner may, by notice in writing, require the person to give the information, document or thing to a specified staff member of the NACC.

Note:          Disclosing the existence of a notice, or any information about it, may be prohibited: see Subdivision A of Division 4 (use and disclosure of certain information and material).

             (3)  The notice is a notice to produce .

             (4)  If the notice is a post-charge or a post-confiscation application notice, the Commissioner must also have reasonable grounds to suspect that the information, documents or things are necessary for the purposes of the investigation even though:

                     (a)  the person has been charged or the confiscation proceeding has commenced; or

                     (b)  that charge or proceeding is imminent.

             (5)  The notice:

                     (a)  must:

                              (i)  be served on the person; and

                             (ii)  be signed by the Commissioner; and

                            (iii)  specify the period within which, and the manner in which, the person must comply with the notice; and

                     (b)  may require information be given in writing.

             (6)  The matters in relation to which the Commissioner may require the person to give the information, document or thing include:

                     (a)  the subject matter of any charge, or imminent charge, against the person; and

                     (b)  the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the person.

             (7)  The Commissioner may serve the notice without holding a hearing.

59   Period for complying

             (1)  The period specified for complying with a notice to produce must end at least 14 days after the notice is served, unless the Commissioner considers that allowing a 14-day period would significantly prejudice a corruption investigation.

             (2)  If a shorter period is specified, the Commissioner must record, in writing:

                     (a)  the name of the investigation; and

                     (b)  why a 14-day period would significantly prejudice the investigation.

Extending the period

             (3)  The person on whom the notice is served may apply to the Commissioner, in writing, to extend the period for complying with the notice.

             (4)  The application must be made before the period specified in the notice expires, or as soon as possible after that.

             (5)  The Commissioner may extend the period whether or not an application has been made.

Record of compliance

             (6)  If the person gives the information, document or thing, as required by the notice, the Commissioner must:

                     (a)  keep a written record of that fact; and

                     (b)  give a copy of the record to the person on request.

60   Offence—failure to comply with notice to produce

             (1)  A person commits an offence if:

                     (a)  the person is served with a notice to produce; and

                     (b)  the person fails to comply with the notice:

                              (i)  unless subparagraph (ii) applies—within the period specified in the notice; or

                             (ii)  if the Commissioner extends the period—within that period as extended.

Note:          For protection for journalists’ informants, see section 31, for international relations certificates, see section 236, and for other privileges and protections, see Division 6 of this Part.

Penalty:  Imprisonment for 2 years.

             (2)  Subsection (1) does not apply if it is not reasonably practicable for the person to comply with the notice within the required period.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .

61   Offence—producing false or misleading information or documents

             (1)  A person commits an offence if:

                     (a)  the person is served with a notice to produce; and

                     (b)  the person gives information or a document as required by the notice; and

                     (c)  the person does so knowing that the information or document:

                              (i)  is false or misleading; or

                             (ii)  omits any matter or thing without which the information or document is misleading.

Penalty:  Imprisonment for 5 years.

             (2)  Subsection (1) does not apply if the information or document is not false or misleading in a material particular.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code .

Division 3 Hearings

Subdivision A Commissioner may hold hearings

62   Commissioner may hold hearings

             (1)  The Commissioner may hold a hearing for the purposes of a corruption investigation.

             (2)  Subject to this Division, a hearing may be conducted in such manner as the Commissioner thinks fit.

Information relating to intelligence agencies

             (3)  If the Commissioner considers that a person appearing at a hearing may disclose intelligence information relating to an intelligence agency, the Commissioner must conduct the hearing in a manner consistent with any arrangement in force between the Commissioner and the head of the agency.

63   Commissioner may summon persons

             (1)  If the Commissioner has reasonable grounds to suspect that a person has evidence relevant to a corruption investigation, the Commissioner may summon the person:

                     (a)  to attend a hearing at a time and place specified in the summons to give evidence; and

                     (b)  to attend from day to day unless excused, or released from further attendance, by the Commissioner.

Note:          Disclosing the existence of a private hearing summons, or any information about it, may be prohibited: see Subdivision A of Division 4 (use and disclosure of certain information and material).

             (2)  If the Commissioner has reasonable grounds to suspect that a person has particular information, or a particular document or thing, relevant to the corruption investigation, the summons may also require the person to:

                     (a)  give the Commissioner the information at the hearing; or

                     (b)  produce the document or thing at the hearing.

             (3)  If the summons is a post-charge or a post-confiscation application summons, the Commissioner must also have reasonable grounds to suspect that the evidence, information, document or thing is necessary for the purposes of the investigation even though:

                     (a)  the person has been charged or the confiscation proceeding has commenced; or

                     (b)  that charge or proceeding is imminent.

             (4)  The summons must:

                     (a)  be in writing and signed by the Commissioner; and

                     (b)  be served on the person required to attend the hearing.

             (5)  The Commissioner must record in writing the reasons for the summons. The record must be made at or before the time the summons is issued.

             (6)  The matters in relation to which the Commissioner may summon a person to give evidence or information, or produce a document or thing, at a hearing include:

                     (a)  the subject matter of any charge, or imminent charge, against the person; and

                     (b)  the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the person.

             (7)  The Commissioner may vary the time or place specified in a summons. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901 .

64   Summons must set out matters for questioning

             (1)  A summons requiring a person to give evidence must set out, so far as is reasonably practicable, the general nature of the matters in relation to which the Commissioner intends to question the person.

             (2)  However, subsection (1):

                     (a)  does not apply if the Commissioner is satisfied that complying with that subsection is likely to prejudice:

                              (i)  the corruption investigation to which the hearing relates or any other NACC Act process; or

                             (ii)  any action taken as a result of a NACC Act process; and

                     (b)  does not prevent the Commissioner from questioning the person in relation to any aspect of any corruption investigation.

65   Commissioner may require information, documents and things

             (1)  The Commissioner may require a witness at a hearing to give information, or produce a document or thing, to the Commissioner.

             (2)  Subsection (1) applies whether or not the information, document or thing was specified in the summons for the person to attend the hearing.

66   Legal representation

             (1)  A person giving evidence at a hearing may be represented by a legal practitioner.

             (2)  A person who is not giving evidence may be represented at a hearing by a legal practitioner if:

                     (a)  special circumstances exist; and

                     (b)  the Commissioner consents to the person being so represented.

             (3)  To avoid doubt, this section has effect subject to section 75 (presence of others at private hearings).

67   Record of hearings

             (1)  The Commissioner must cause a record of a hearing to be made.

             (2)  The record must include, in relation to each witness who gives evidence at a public hearing, any statements made by the Commissioner under subsection 73(5) in relation to the witness.

             (3)  Unless the Commissioner directs otherwise, the record must include the following:

                     (a)  any document produced to the Commissioner at the hearing;

                     (b)  a description of any thing (other than a document) produced to the Commissioner at the hearing.

68   Offence—failure to attend hearing

                   A person commits an offence if:

                     (a)  the person is served with a summons to attend a hearing; and

                     (b)  the person:

                              (i)  fails to attend as required by the summons; or

                             (ii)  fails to appear and report from day to day; and

                     (c)  the person has not been excused or released from further attendance by the Commissioner.

Penalty:  Imprisonment for 2 years.

69   Offence—failure to give information, or produce documents or things

             (1)  A person commits an offence if:

                     (a)  the person is required to give information, or produce a document or thing, at a hearing; and

                     (b)  the person fails to give the information, or produce the document or thing.

Note:          For protection for journalists’ informants, see section 31, for international relations certificates, see section 236, and for other privileges and protections, see Division 6 of this Part.

Penalty:  Imprisonment for 2 years.

             (2)  Subsection (1) does not apply if it is not reasonably practicable for the person to give the information, or produce the document or thing.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code .

70   Offence—destroying documents or things

                   A person commits an offence if:

                     (a)  the person acts or omits to act; and

                     (b)  the act or omission results in a document or thing being:

                              (i)  concealed, mutilated or destroyed; or

                             (ii)  rendered incapable of identification; or

                            (iii)  in the case of a document, rendered illegible or indecipherable; and

                     (c)  the document or thing is, or is likely to be, required by the Commissioner under a notice to produce or at a hearing.

Penalty:  Imprisonment for 5 years.

71   Offence—giving false or misleading evidence, information or documents

             (1)  A person commits an offence if:

                     (a)  the person gives evidence or information, or produces a document, at a hearing; and

                     (b)  the person does so knowing that the evidence, information or document:

                              (i)  is false or misleading; or

                             (ii)  omits any matter or thing without which the evidence, information or document is misleading.

Penalty:  Imprisonment for 5 years.

             (2)  Subsection (1) does not apply if the evidence, information or document is not false or misleading in a material particular.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code .

72   Offences—obstructing or hindering hearings, threatening persons present

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct obstructs or hinders a staff member of the NACC in the performance or exercise of the staff member’s functions, powers or duties in connection with a hearing.

Penalty:  Imprisonment for 2 years.

             (2)  A person commits an offence if the person disrupts a hearing.

Penalty:  Imprisonment for 2 years.

             (3)  A person commits an offence if the person threatens any person present at a hearing.

Penalty:  Imprisonment for 5 years.

Subdivision B Private and public hearings

73   Private and public hearings

Hearings to be held generally in private

             (1)  A hearing must be held in private, unless the Commissioner decides to hold the hearing, or part of the hearing, in public.

When hearing may be held in public

             (2)  The Commissioner may decide to hold a hearing, or part of a hearing, in public if the Commissioner is satisfied that:

                     (a)  exceptional circumstances justify holding the hearing, or the part of the hearing, in public; and

                     (b)  it is in the public interest to do so.

             (3)  In deciding whether to hold a hearing, or part of a hearing, in public, the Commissioner may have regard to the following:

                     (a)  the extent to which the corruption issue could involve corrupt conduct that is serious or systemic;

                     (b)  whether certain evidence is of a confidential nature or relates to the commission, or to the alleged or suspected commission, of an offence;

                     (c)  any unfair prejudice to a person’s reputation, privacy, safety or wellbeing that would be likely to be caused if the hearing, or the part of the hearing, were to be held in public;

                     (d)  whether a person giving evidence has a particular vulnerability, including that they are under the direct instruction or control of another person in a relative position of power;

                     (e)  the benefits of exposing corrupt conduct to the public, and making the public aware of corrupt conduct.

             (4)  Subsection (3) does not limit the matters to which the Commissioner may have regard.

Public hearings—Commissioner’s statements about witnesses

             (5)  Before a witness gives evidence in public at a hearing, the Commissioner may, if the Commissioner thinks it appropriate, make a statement about one or more of the following:

                     (a)  whether the witness appears voluntarily or in response to a summons to attend the hearing;

                     (b)  whether or not conduct of the witness is the subject of the corruption investigation.

74   Evidence that must be given in private

                   Evidence must be given in private if giving the evidence would:

                     (a)  breach a secrecy provision; or

                     (b)  disclose any of the following:

                              (i)  legal advice given to a person;

                             (ii)  a communication that is protected against disclosure by legal professional privilege;

                            (iii)  information that the Commissioner is satisfied is sensitive information;

                            (iv)  section 235 certified information;

                             (v)  intelligence information.

75   Presence of others at private hearings

Legal practitioner representing witness

             (1)  A legal practitioner representing a person is entitled to be present when the person is giving evidence at a hearing in private.

Presence of others

             (2)  The Commissioner may determine that other persons may be present.

Witness to be informed if others are present

             (3)  If the Commissioner determines that a person (other than a staff member of the NACC) is to be present while a witness is giving evidence at the hearing, the Commissioner must:

                     (a)  inform the witness that the person is to be present; and

                     (b)  give the witness an opportunity to comment on the person’s presence.

             (4)  If the Commissioner has determined that another person may be present, the person is entitled to be there even if:

                     (a)  the Commissioner fails to inform the witness of the person’s presence; or

                     (b)  the witness comments adversely on the person’s presence.

Offence—person present without authority

             (5)  A person commits an offence if:

                     (a)  the person attends a hearing while evidence is being given in private at the hearing; and

                     (b)  the person is not:

                              (i)  the person giving evidence; or

                             (ii)  the legal practitioner representing the person giving evidence; or

                            (iii)  a staff member of the NACC; or

                            (iv)  a person the Commissioner has determined may be present while the person is giving evidence.

Penalty:  Imprisonment for 2 years.

76   Request to give evidence in private

             (1)  A witness may:

                     (a)  request to give particular evidence in private; and

                     (b)  make submissions to the Commissioner as to why the evidence should be given in private.

             (2)  A request under this section to give evidence in private does not limit the Commissioner’s powers under section 73 (private and public hearings).

77   Investigation material from private hearings

                   If all or part of a hearing is held in private, the Commissioner must give a direction under section 100 (directions about use or disclosure of investigation material) if the Commissioner is satisfied that the failure to give such a direction:

                     (a)  might prejudice a person’s safety; or

                     (b)  would reasonably be expected to prejudice a witness’ fair trial, if the witness has been charged with a relevant offence or such a charge is imminent; or

                     (c)  might lead to the publication of section 235 certified information; or

                     (d)  might lead to the publication of sensitive information.

Subdivision C Evidence and procedure

78   Evidence on oath or by affirmation

             (1)  At a hearing, the Commissioner may:

                     (a)  require a witness to either take an oath or make an affirmation; and

                     (b)  administer an oath or affirmation to the witness.

Note 1:       The hearing is a judicial proceeding for the purposes of Part III of the Crimes Act 1914 , which creates various offences in relation to such proceedings.

Note 2:       Failure to take an oath or make an affirmation is an offence: see section 81.

             (2)  The oath or affirmation is an oath or affirmation that the evidence the person will give will be true.

             (3)  The Commissioner may allow a person attending a hearing who has taken an oath, or made an affirmation, to give evidence by tendering a written statement and verifying it by oath or affirmation.

79   Commissioner may take evidence outside Australia

             (1)  If arrangements have been made between Australia and another country in relation to the taking of evidence in that country by the Commissioner for a hearing under this Division, the evidence may be given in that country:

                     (a)  on oath or affirmation; or

                     (b)  under an obligation to tell the truth imposed, whether expressly or by implication, by or under a law of the other country; or

                     (c)  under such caution or admonition as would be accepted, by courts in the other country, for the purposes of giving testimony in proceedings before those courts.

             (2)  The oath, affirmation, obligation, caution or admonition must be administered in accordance with those arrangements and the laws of that other country.

             (3)  The Commissioner may use any evidence so taken for the purpose of performing any function, or exercising any power, under this Act.

80   Examination and cross-examination of witnesses

                   At a hearing, the following persons may, so far as the Commissioner thinks appropriate, examine or cross-examine any witness on any matter that the Commissioner considers relevant:

                     (a)  counsel assisting the Commissioner;

                     (b)  a person summoned, or otherwise authorised, to appear before the Commissioner at the hearing;

                     (c)  any legal practitioner representing a person at the hearing.

81   Offence—failure to take an oath, make an affirmation or answer a question

                   A person commits an offence if:

                     (a)  the person is served with a summons to attend a hearing; and

                     (b)  the person:

                              (i)  fails to take an oath or make an affirmation at the hearing when required to do so (see section 78); or

                             (ii)  fails to answer a question at the hearing that the Commissioner requires the person to answer.

Note:          For protection for journalists’ informants, see section 31, for international relations certificates, see section 236, and for other privileges and protections, see Division 6 of this Part.

Penalty:  Imprisonment for 2 years.

Subdivision D Contempt of the NACC

82   Contempt of the NACC

                   A person is in contempt of the NACC if the person:

                     (a)  when served with a summons to attend a hearing:

                              (i)  fails to attend as required by the summons; or

                             (ii)  fails to appear and report from day to day unless excused or released from further attendance by the Commissioner; or

                            (iii)  refuses or fails to take an oath or make an affirmation at the hearing; or

                            (iv)  refuses or fails to answer a question at the hearing that the Commissioner requires the person to answer; or

                             (v)  refuses or fails to give information, or produce a document or thing, as required at a hearing; or

                     (b)  is a legal practitioner who refuses, at a hearing, to give the Commissioner the name and address of a person in accordance with section 115 (material sought from legal practitioners); or

                     (c)  gives evidence or information, or produces a document, at a hearing that the person knows is false or misleading in a material particular; or

                     (d)  insults, disturbs or uses insulting language towards a NACC Commissioner who is holding a hearing in the performance or exercise of the NACC Commissioner’s functions or powers when the person knows that the NACC Commissioner:

                              (i)  holds a position as a NACC Commissioner; and

                             (ii)  is conducting such a hearing; or

                     (e)  creates a disturbance, or takes part in creating or continuing a disturbance, in or near a place that the person knows is being used to hold a hearing; or

                      (f)  obstructs or hinders a staff member of the NACC in the performance or exercise of the staff member’s functions, powers or duties in connection with a hearing; or

                     (g)  disrupts a hearing; or

                     (h)  threatens a person present at a hearing.

Note:          For protection for journalists’ informants, see section 31, for international relations certificates, see section 236, and for other privileges and protections, see Division 6 of this Part.

83   Application for court to deal with contempt

             (1)  The Commissioner may apply to either of the following for a person to be dealt with for contempt of the NACC:

                     (a)  the Federal Court;

                     (b)  the Supreme Court of the State or Territory in which the contempt occurs.

             (2)  Before making the application, the Commissioner must inform the person that the Commissioner proposes to make the application.

             (3)  The application must be accompanied by a certificate that states:

                     (a)  the grounds for making the application; and

                     (b)  evidence in support of the application.

             (4)  A copy of the certificate must be given to the person before, or at the same time as, the application is made.

84   Conduct of contempt proceedings

             (1)  If the Commissioner makes an application to a court to deal with a person for contempt of the NACC, proceedings are to be instituted, carried on, heard and determined in accordance with the laws (including any rules of court) that apply in relation to the punishment of a contempt of the court.

             (2)  In those proceedings, the certificate that sets out the grounds for making the application and evidence in support of the application is prima facie evidence of the matters specified in the certificate.

             (3)  The court must:

                     (a)  consider the matters specified in the certificate; and

                     (b)  hear or receive any evidence or statements by or in support of the application; and

                     (c)  hear or receive any evidence or statements by or in support of the person.

             (4)  If the court finds that the person was in contempt of the NACC, the court may deal with the person as if the acts or omissions involved constituted a contempt of the court.

             (5)  For the purposes of determining whether a person is in contempt of the NACC, Chapter 2 of the Criminal Code applies as if:

                     (a)  being in contempt of the NACC were an offence; and

                     (b)  references to a person being criminally responsible for an offence were references to a person being responsible for being in contempt of the NACC.

85   Person in contempt may be detained

             (1)  If, during a hearing, the Commissioner proposes to make an application for a person to be dealt with for contempt of the NACC, the Commissioner may direct a constable or an authorised officer to detain the person for the purpose of bringing the person before the court for the hearing of the application.

             (2)  If the person is so detained:

                     (a)  the Commissioner must, as soon as practicable, apply for the person to be dealt with by the court; and

                     (b)  the person must, subject to subsection (3), be brought before the court as soon as practicable.

             (3)  The court may:

                     (a)  direct that the person be released from detention on condition that the person will appear before the court in relation to the application; or

                     (b)  order that the person continue to be detained until the application is determined.

             (4)  The court may also impose any other condition on release, including the following:

                     (a)  that the person surrenders the following documents:

                              (i)  any Australian travel document that has been issued to the person;

                             (ii)  any passport or other travel document that has been issued to the person by or on behalf of the government of a foreign country;

                     (b)  that the person give an undertaking as to the person’s living arrangements;

                     (c)  that the person report as required to a law enforcement agency.

             (5)  The court may at any time vary or revoke a condition imposed under subsection (4).

86   Commissioner may withdraw contempt application

             (1)  The Commissioner may, at any time, withdraw an application for a court to deal with a person for contempt of the NACC.

             (2)  The person must be released immediately if:

                     (a)  the person is in detention in relation to the contempt; and

                     (b)  the Commissioner withdraws the application.

87   Double jeopardy

             (1)  A person is not liable to be prosecuted for an offence in respect of an act or omission if:

                     (a)  an application is made to the Federal Court or a Supreme Court under subsection 83(1) in respect of the act or omission; and

                     (b)  the person is dealt with by the court under that section in respect of the act or omission.

             (2)  If a person is prosecuted for an offence in respect of an act or omission referred to in section 82 without an application being made to the Federal Court or a Supreme Court under subsection 83(1) in respect of the act or omission, an application must not be made under subsection 83(1) in respect of the act or omission.

Note:          For double jeopardy generally, see section 4C of the Crimes Act 1914 .

Subdivision E Travel documents and arrest of witnesses

88   Applying for orders to deliver travel documents

             (1)  The Commissioner may apply to a Judge of the Federal Court for an order that a person deliver a travel document to the Commissioner if:

                     (a)  either of the following apply:

                              (i)  a summons has been issued requiring the person to attend a hearing (whether or not the summons has been served);

                             (ii)  the person has appeared at a hearing to give evidence or to produce documents or things; and

                     (b)  there are reasonable grounds to believe that the person may be able:

                              (i)  to give evidence, or further evidence, that is relevant to the corruption investigation concerned; or

                             (ii)  to produce documents or things, or further documents or things, that are relevant to the investigation concerned; and

                     (c)  there are reasonable grounds to suspect that the person has a travel document and intends to leave Australia.

             (2)  Each of the following is a travel document :

                     (a)  an Australian travel document that has been issued to the person;

                     (b)  a passport or other travel document that has been issued to the person by or on behalf of the government of a foreign country.

             (3)  The Commissioner must give the Judge information on oath, or by affirmation, in support of the grounds for the application.

89   Orders to deliver travel documents

Court order for witness to appear before the Court

             (1)  If a Judge of the Federal Court, sitting in Chambers, is satisfied, on the evidence, that the requirements of paragraphs 88(1)(a), (b) and (c) are met, the Judge may make an order:

                     (a)  requiring the person to appear before the Federal Court on a date, and at a time and place, specified in the order; and

                     (b)  requesting the person to show cause why the person should not be ordered to deliver the travel document to the Commissioner.

Court order that witness deliver travel document to Commissioner

             (2)  If a person appears before the Federal Court as required by an order made under subsection (1), the Court may, if it thinks fit, make an order:

                     (a)  requiring the person to deliver to the Commissioner a travel document that is in the person’s possession, custody or control; and

                     (b)  authorising the Commissioner to retain the travel document until the end of the period (not exceeding 1 month) that is specified in the order.

Extension of period that Commissioner may retain travel document

             (3)  The Federal Court may, upon application by the Commissioner, extend for a further period (of not more than 1 month in each case), the period for which the Commissioner is authorised to retain a travel document. However, the total period for which the Commissioner is authorised to retain the travel document must not exceed 3 months.

Revocation of court order

             (4)  If the Federal Court makes an order authorising the Commissioner to retain a travel document issued to a person, the person may apply to the Federal Court for the order to be revoked.

             (5)  If the Federal Court revokes the order, the Commissioner must return the travel document to the person immediately.

Jurisdiction of the Federal Court

             (6)  The Federal Court has jurisdiction with respect to matters arising under this section.

90   Application for warrant to arrest witness

             (1)  An authorised officer may apply to a superior court judge for a warrant to arrest a person if:

                     (a)  both of the following apply:

                              (i)  the person has been ordered to deliver a travel document to the Commissioner (whether or not the person has complied with the order);

                             (ii)  the authorised officer has reasonable grounds to believe that the person is likely to leave Australia for the purpose of avoiding giving evidence at a hearing; or

                     (b)  the person is to be served with a summons under section 63 and the authorised officer has reasonable grounds to believe that the person:

                              (i)  has absconded or is likely to abscond; or

                             (ii)  is otherwise attempting, or likely to attempt, to evade service of the summons; or

                     (c)  the authorised officer has reasonable grounds to believe that the person has committed an offence under section 68 (failure to attend hearing), or is likely to do so.

             (2)  An authorised officer must give the judge information on oath, or by affirmation, in support of the grounds for the application.

             (3)  A superior court judge is:

                     (a)  a Judge of the Federal Court; or

                     (b)  a Judge of the Supreme Court of a State or Territory.

91   Warrant for arrest

             (1)  If a superior court judge, sitting in Chambers, is satisfied, on the evidence, that there are reasonable grounds for believing that paragraph 90(1)(a), (b) or (c) is met, the judge may issue a warrant authorising the arrest of the person.

             (2)  For the purposes of executing the warrant, an authorised officer who is not a constable has the same powers and duties as a constable has in arresting a person for an offence under Divisions 4 and 5 of Part IAA of the Crimes Act 1914 .

             (3)  To avoid doubt, the authorised officer executing the warrant need not be the authorised officer who applied for the warrant.

92   Powers of judge in relation to person arrested

             (1)  A person arrested under a warrant issued under section 91 must be brought, as soon as practicable, before a superior court judge.

             (2)  The judge may:

                     (a)  grant the person bail:

                              (i)  on such security as the judge thinks fit; and

                             (ii)  on such conditions as the judge thinks are necessary to ensure that the person appears as a witness at a hearing before the Commissioner; or

                     (b)  order that the person continue to be detained for the purpose of ensuring that the person appears as a witness at a hearing before the Commissioner; or

                     (c)  order that the person be released.

             (3)  A person who is detained under paragraph (2)(b) must be brought before a superior court judge:

                     (a)  within 14 days after the person was brought, or last brought, before such a judge; or

                     (b)  within such shorter or longer time as a superior court judge fixed on the person’s last previous appearance before such a judge;

and the judge may exercise any of the powers under subsection (2).

Subdivision F Miscellaneous

93   Allowances for travelling and other expenses

                   A witness appearing at a hearing is entitled to be paid by the Commonwealth any allowances for travelling and other expenses that are prescribed by the regulations.

94   Protection of Commissioner and legal practitioners assisting

             (1)  The Commissioner has, in exercising the power to hold a hearing, the same protection and immunity as a Justice of the High Court.

             (2)  A legal practitioner assisting the Commissioner, or representing a person, at a hearing has the same protection and immunity as a barrister appearing for a party in proceedings in the High Court.

             (3)  To avoid doubt, this section does not limit the powers of the Inspector, or the powers of the Ombudsman under the Ombudsman Act 1976 , to investigate issues of administrative practice in relation to a hearing that has been held under this Act.

Division 4 Use and disclosure of certain information and material

Subdivision A Non-disclosure notations

95   Non-disclosure notations

             (1)  A non-disclosure notation is a requirement included in a notice to produce or a private hearing summons that prohibits disclosure of information about the notice or summons, or any official matter connected with the notice or summons.

             (2)  The notation may permit disclosure of information in specified circumstances.

Information about rights and obligations

             (3)  The notation must be accompanied by a written statement setting out the rights and obligations conferred or imposed by section 98 (failure to comply with non-disclosure notations).

Meanings of private hearing summons and official matter

             (4)  A private hearing summons is a summons to attend a hearing all or part of which is to be held in private.

             (5)  An official matter is any of the following (whether past, present or contingent):

                     (a)  a corruption investigation;

                     (b)  any other NACC Act process;

                     (c)  court proceedings.

96   When non-disclosure notations must or may be included

             (1)  The Commissioner must include a non-disclosure notation in a notice to produce or a private hearing summons if the Commissioner is satisfied that not doing so would reasonably be expected to prejudice:

                     (a)  a person’s safety or reputation; or

                     (b)  a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or

                     (c)  a NACC Act process; or

                     (d)  any action taken as a result of a NACC Act process.

             (2)  The Commissioner may include a non-disclosure notation in a notice to produce or a private hearing summons if the Commissioner is satisfied that:

                     (a)  not doing so might prejudice:

                              (i)  a person’s safety or reputation; or

                             (ii)  a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or

                            (iii)  a NACC Act process; or

                            (iv)  any action taken as a result of a NACC Act process; or

                     (b)  not doing so might otherwise be contrary to the public interest.

             (3)  The Commissioner must not include a non-disclosure notation in any other case.

97   Cancelling non-disclosure notations

             (1)  The Commissioner may cancel a non-disclosure notation in a notice to produce or a private hearing summons if the reason for the notation no longer exists.

             (2)  If the Commissioner cancels the notation:

                     (a)  the Commissioner must advise the person on whom the notice or summons was served in writing; and

                     (b)  the cancellation takes effect when the person is so advised.

             (3)  Unless it is cancelled earlier, the Commissioner must consider cancelling the notation as follows:

                     (a)  5 years after the notice or summons is served;

                     (b)  after every following 2 years.

Disclosure under the Privacy Act 1988

             (4)  A credit reporting body (within the meaning of the Privacy Act 1988 ) must not make a note under subsection 20E(5) of that Act about the disclosure of credit reporting information until any non-disclosure notation prohibiting the disclosure of that information is cancelled.

98   Offence—failure to comply with non-disclosure notations

             (1)  A person commits an offence if:

                     (a)  a notice to produce or a private hearing summons includes a non-disclosure notation; and

                     (b)  the person discloses information about the notice or summons, or any official matter connected with the notice or summons; and

                     (c)  the notation has not been cancelled.

Penalty:  Imprisonment for 5 years.

             (2)  Strict liability applies to paragraph (1)(c).

             (3)  Subsection (1) does not apply if the disclosure is made:

                     (a)  in the circumstances, if any, permitted by the notation; or

                     (b)  to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice or summons; or

                     (c)  to a legal aid officer for the purpose of seeking assistance in relation to:

                              (i)  the notice or summons; or

                             (ii)  any other matter arising under, or in relation to, this Act; or

                     (d)  by a body corporate to an officer or agent of the body corporate, or by an officer or agent of a body corporate to another officer or agent of the body corporate, for the purpose of ensuring compliance with the notice or summons; or

                     (e)  by a legal practitioner for the purpose of:

                              (i)  obtaining the agreement of a person as mentioned in subsection 115(3) to the legal practitioner disclosing advice or a communication; or

                             (ii)  giving legal advice to, or making representations on behalf of, the person on whom the notice or summons was served; or

                      (f)  after the information has already been lawfully published.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code .

             (4)  A reference in this section to disclosing information (the primary information ) includes a reference to disclosing other information from which a person could reasonably be expected to infer the primary information.

Meaning of legal aid officer

             (5)  A legal aid officer is:

                     (a)  a member or member of staff of an authority established by or under a law of a State or Territory for purposes that include providing legal assistance; or

                     (b)  a person in a class of persons prescribed by the regulations.

Subdivision B Use and disclosure of investigation material

99   Meaning of investigation material

             (1)  Investigation material is any of the following:

                     (a)  particular information given, or a document or thing produced, by a person as required by a notice to produce;

                     (b)  particular information or evidence given by a person at a hearing;

                     (c)  a document or thing produced by a person at a hearing;

                     (d)  particular information, or a document or thing, given to a person during a hearing;

                     (e)  the identity, or particular information that may reveal the identity, of a person who has given evidence at a hearing;

                      (f)  the identity, or particular information that may reveal the identity, of a person about whom allegations have been made at a hearing;

                     (g)  the fact that a particular person has given or may be about to give evidence at a hearing;

                     (h)  the identity, or particular information that may reveal the identity, of a person of interest to a corruption investigation, if the identity or information was revealed at a hearing;

                      (i)  the fact that a hearing has been, or may be, held in private.

             (2)  Investigation material includes copies, contents or descriptions of that material.

             (3)  To avoid doubt, information, a document or a thing is not investigation material to the extent that it is obtained otherwise than:

                     (a)  as required by a notice to produce; or

                     (b)  at a hearing.

             (4)  The witness , in relation to investigation material covered by paragraph (1)(a), (b), (c), (d), (e), (f), (g) or (h), is the person mentioned in that paragraph.

             (5)  The witness , in relation to derivative material, means the person who is the witness in relation to the investigation material from which the derivative material was obtained.

100   Directions about use or disclosure of investigation material

             (1)  The Commissioner may direct that investigation 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.

Note:          For when the Commissioner must give such a direction, see section 77 (investigation material from private hearings).

             (2)  The Commissioner may, in writing, vary or revoke the direction.

             (3)  However, the direction must not be varied or revoked if the Commissioner is satisfied that the variation or revocation:

                     (a)  might prejudice a person’s safety; or

                     (b)  would reasonably be expected to prejudice the witness’ fair trial, if the witness has been charged with a relevant offence or such a charge is imminent; or

                     (c)  might lead to the publication of section 235 certified information; or

                     (d)  might lead to the publication of sensitive information.

101   Offence—use or disclosure of investigation material

             (1)  A person commits an offence if:

                     (a)  the person uses or discloses investigation material (whether or not the person is the first to do so); and

                     (b)  the use or disclosure contravenes a direction under section 100; and

                     (c)  the use or disclosure is not authorised by or under this Act.

Penalty:  Imprisonment for 2 years.

             (2)  Strict liability applies to paragraph (1)(c).

             (3)  Subsection (1) has effect despite section 34B of the Inspector-General of Intelligence and Security Act 1986 .

102   Disclosure to IGIS officials and Ombudsman officials

             (1)  A direction given by the Commissioner under section 100 does not prevent:

                     (a)  a person from disclosing investigation material to an IGIS official; or

                     (b)  an IGIS official using investigation material, for the purpose of the IGIS official performing a function, or exercising a power, as an IGIS official; or

                     (c)  a person from disclosing investigation material to a staff member of the Office of the Commonwealth Ombudsman; or

                     (d)  a staff member of the Office of the Commonwealth Ombudsman using investigation material for the purposes of that office.

             (2)  However, the Commissioner may direct that use or disclosure of investigation material is not authorised by this section if the Commissioner is satisfied that using or disclosing the material would be reasonably likely to prejudice the performance or exercise of functions or powers of the Commissioner.

             (3)  The Commissioner must consult the IGIS or the Ombudsman, as the case requires, as soon as practicable after giving the direction.

             (4)  A direction given under subsection (2):

                     (a)  has effect accordingly; and

                     (b)  to avoid doubt, may be included in a direction under section 100 (directions about use or disclosure of investigation material).

103   Making investigation material available to courts

             (1)  This section applies if:

                     (a)  a person has been charged with an offence before a federal court or a court of a State or Territory; and

                     (b)  the court considers it desirable, in the interests of justice, that the investigation material be made available to the person or to a legal practitioner representing the person.

             (2)  The court may give the Commissioner a certificate to that effect.

             (3)  If the court does so, the Commissioner must make the investigation material available to the court.

             (4)  If, after examining the investigation material, the court is satisfied that the interests of justice so require, the court may make the material available to any of the following:

                     (a)  the person or a legal practitioner representing the person;

                     (b)  if the person is not the witness in relation to the material—the prosecutor of the person.

104   Obtaining derivative material

             (1)  An entity mentioned in subsection (3), that may lawfully use or disclose investigation material, may lawfully use or disclose the material for the purpose of obtaining derivative material.

             (2)  Subsection (1):

                     (a)  has effect subject to:

                              (i)  any direction given under section 100 (directions about use or disclosure of investigation material), including as affected by subsection 106(1) (court orders); and

                             (ii)  subsection 105(4) (special rule for certain post-charge disclosure); and

                     (b)  does not, by implication, limit the use or disclosure of the investigation material for any other purpose.

             (3)  The entities are as follows:

                     (a)  a staff member of the NACC;

                     (b)  a person or body investigating whether the witness committed an offence against a law of the Commonwealth or of a State or Territory;

                     (c)  a prosecutor of the witness;

                     (d)  a prosecuting authority;

                     (e)  a proceeds of crime authority;

                      (f)  the Inspector;

                     (g)  a person assisting the Inspector;

                     (h)  any other person or body lawfully in possession of the investigation material.

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.

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.

107   Certain material may always be disclosed to prosecutors of the witness

             (1)  A person or body, that may lawfully disclose investigation material of a kind covered by paragraph 99(1)(d), (e), (f), (g) or (h), may lawfully disclose the investigation material, or derivative material obtained from the investigation material, to a prosecutor of the witness.

             (2)  A person or body, that may lawfully disclose investigation material or derivative material, may lawfully disclose the material to a prosecutor of the witness if the witness is suspected of, or has been charged with:

                     (a)  an offence against this Part, other than an offence against subsection 75(5) (person present at a private hearing without authority); or

                     (b)  an offence against any of the following that relates to a notice to produce or a hearing:

                              (i)  section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents);

                             (ii)  section 144.1 or 145.1 of the Criminal Code (about forgery); or

                     (c)  an offence against section 149.1 of the Criminal Code (about obstruction of Commonwealth public officials) that relates to this Act.

             (3)  Subsections (1) and (2) have effect subject to any direction given under section 100, including as affected by subsection 106(1).

108   Use of material by prosecutors

             (1)  If a prosecutor of the witness lawfully possesses investigation material or derivative material, the prosecutor may use that material for purposes that include:

                     (a)  making a decision whether to prosecute the witness; and

                     (b)  prosecuting the witness.

This use of the investigation material is subject to:

                     (c)  section 113 (self-incrimination); and

                     (d)  any direction given under section 100 (directions about use or disclosure of investigation material).

             (2)  If material is lawfully in the possession of a prosecutor of the witness, the fact that the material is investigation material or derivative material does not prevent it from being admissible in evidence against the witness in a criminal proceeding.

Note:          The material may be inadmissible for other reasons (for example, because of subsection 113(2)).

             (3)  This Subdivision does not, by implication, restrict the use of investigation material or derivative material by, or the disclosure of that material to:

                     (a)  a prosecuting authority who is not a prosecutor of the witness; or

                     (b)  an individual employed or engaged by such a prosecuting authority.

             (4)  This section has effect subject to any law of the Commonwealth, a State or a Territory.

109   Making material available to proceeds of crime authorities

             (1)  A person or body, that may lawfully disclose investigation material or derivative material, may lawfully disclose the material to a proceeds of crime authority.

             (2)  Subsection (1) has effect subject to any direction given under section 100 (directions about use or disclosure of investigation material).

             (3)  If material is lawfully in the possession of a proceeds of crime authority, the fact that the material is investigation material or derivative material does not prevent it from being admissible in evidence against the witness in a confiscation proceeding.

Note:          The material may be inadmissible for other reasons (for example, because of subsection 113(2)).

             (4)  Subsections (3) and 113(3) (self-incrimination) do not, by implication, restrict a court’s power to make any orders necessary to prevent prejudice to the proper administration of justice.

Division 5 Retention and return of documents and things

110   Commissioner may retain documents and things

             (1)  This section applies if a document or thing is produced to the Commissioner under this Act.

             (2)  The Commissioner:

                     (a)  may make copies of the document or thing, or take extracts from the document; and

                     (b)  may retain possession of the document or thing for such period as is necessary for the purposes of:

                              (i)  a corruption investigation or any other NACC Act process; or

                             (ii)  any action taken as a result of a NACC Act process.

             (3)  While the Commissioner retains the document or thing, the Commissioner must allow a person who would otherwise be entitled to inspect the document or view the thing:

                     (a)  to do so at all reasonable times; and

                     (b)  to copy the document or thing.

             (4)  Subsection (3) does not apply if:

                     (a)  possession of the document or thing by the person could constitute an offence; or

                     (b)  inspecting or copying the document or thing (as the case requires) would compromise or damage the document or thing; or

                     (c)  the Commissioner is satisfied that allowing the person to inspect the document or view the thing would prejudice:

                              (i)  a corruption investigation or any other NACC Act process; or

                             (ii)  any action taken as a result of a NACC Act process.

111   When documents and things must be returned

             (1)  This section applies if the Commissioner is satisfied that a document or thing produced under this Act is not required (or is no longer required) for the purposes of:

                     (a)  a corruption investigation or any other NACC Act process; or

                     (b)  any action taken as a result of a NACC Act process.

             (2)  The Commissioner must take reasonable steps to return the document or thing to the person from whom it was received, or to the owner if that person is not entitled to possess it.

             (3)  However, the Commissioner does not have to take those steps if:

                     (a)  possession of the document or thing by a person could constitute an offence; or

                     (b)  the document or thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or

                     (c)  the document or thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

112   Magistrate may permit documents and things to be retained, forfeited etc.

             (1)  A magistrate may, on application by the Commissioner, make an order under subsection (2) in relation to a document or thing produced under this Act if the magistrate is satisfied that there are reasonable grounds to suspect that, if the document or thing is returned to any of the following persons, it is likely to be used by that person or another person in the commission of a serious offence:

                     (a)  the owner of the document or thing;

                     (b)  the person who produced the document or thing.

             (2)  The orders are as follows:

                     (a)  an order that the document or thing may be retained for the period specified in the order;

                     (b)  an order that the document or thing is forfeited to the Commonwealth;

                     (c)  for a thing (other than a document)—an order that:

                              (i)  the thing be sold and the proceeds given to the owner of the thing; or

                             (ii)  the thing be sold in some other way;

                     (d)  an order that the document or thing is to be destroyed or otherwise disposed of.

Persons with interests in documents or things

             (3)  Before making an application under this section in relation to a document or thing, the Commissioner must:

                     (a)  take reasonable steps to discover who has an interest in the document or thing; and

                     (b)  if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application.

             (4)  The magistrate must allow a person who has an interest in the document or thing to appear and be heard in determining the application.

Meanings of magistrate and serious offence

             (5)  A magistrate is a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of the Northern Territory.

             (6)  A serious offence is:

                     (a)  an offence against a law of the Commonwealth punishable by imprisonment for 2 years or more; or

                     (b)  an offence against either of the following provisions of the Charter of the United Nations Act 1945 :

                              (i)  Part 4 of that Act;

                             (ii)  Part 5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions—ISIL (Da’esh) and Al-Qaida) Regulations 2008 ; or

                     (c)  an offence against a law of a State that:

                              (i)  has a federal aspect (within the meaning of the Crimes Act 1914 ); and

                             (ii)  is punishable by imprisonment for 2 years or more.

Division 6 Privileges and protections

113   Self-incrimination

             (1)  A person is not excused from giving an answer or information, or producing a document or thing, as required by a notice to produce or at a hearing on the ground that doing so would tend to incriminate the person or expose the person to a penalty.

             (2)  However, the answer or information given, or the document or thing produced, is not admissible in evidence against the person in:

                     (a)  a criminal proceeding; or

                     (b)  a proceeding for the imposition or recovery of a penalty; or

                     (c)  a confiscation proceeding.

             (3)  Subsection (2) does not:

                     (a)  apply to the production of a document that is, or forms part of, a record of an existing or past business; or

                     (b)  affect whether the answer, information, document or thing is admissible in evidence against the person in:

                              (i)  a confiscation proceeding, if the answer or information was given, or the document or thing was produced, at a time when the proceeding had not commenced and was not imminent; or

                             (ii)  a proceeding for an offence against this Part, other than an offence against subsection 75(5) (person present at a private hearing without authority); or

                            (iii)  a proceeding for an offence against section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents) that relates to a notice to produce or a hearing; or

                            (iv)  a proceeding for an offence against section 144.1 or 145.1 of the Criminal Code (about forgery) that relates to a notice to produce or a hearing; or

                             (v)  a proceeding for an offence against section 149.1 of the Criminal Code (about obstruction of Commonwealth public officials) that relates to this Act.

Note:          For subparagraph (b)(i), the court may order otherwise (see subsection 109(4)).

             (4)  Paragraph (3)(b) does not, by implication, affect the admissibility or relevance of the information, document or thing for any other purpose.

114   Public interest grounds

             (1)  A person is not excused from giving an answer or information, or producing a document or thing, as required by a direction to produce, a notice to produce, or at a hearing, on the ground that doing so:

                     (a)  would disclose legal advice given to a person; or

                     (b)  would disclose a communication that is protected against disclosure by legal professional privilege; or

                     (c)  would breach a secrecy provision (other than an exempt secrecy provision); or

                     (d)  would be otherwise contrary to the public interest.

             (2)  Subsection (1) does not apply in relation to advice or a communication that concerns:

                     (a)  a person’s compliance with:

                              (i)  a direction to produce; or

                             (ii)  a notice to produce; or

                     (b)  a person’s attendance, or reasonably anticipated attendance, at a hearing.

             (3)  Paragraph (1)(a) does not apply in relation to legal advice given for the purposes of, or in the course of, a person’s work as a journalist in a professional capacity.

             (4)  Paragraph (1)(b) does not apply in relation to a communication made for the purposes of, or in the course of, a person’s work as a journalist in a professional capacity.

             (5)  The fact that a person is not excused under subsection (1) from answering a question or giving information, or producing a document or thing, does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that answer, information, document or thing.

             (6)  A person does not commit an offence, and is not liable to any penalty, under the provisions of any other enactment because the person:

                     (a)  gives information, or produces a document or thing, as required by:

                              (i)  a direction to produce; or

                             (ii)  a notice to produce; or

                     (b)  gives an answer or information, or produces a document or thing, as required at a hearing.

115   Material sought from legal practitioners

             (1)  This section applies if a legal practitioner refuses to give an answer or information, or produce a document or thing, on the grounds that doing so would disclose advice or a communication to which section 114 (public interest grounds) does not apply.

Note:          See the exceptions set out in subsections 114(2), (3) and (4).

             (2)  The legal practitioner must, if required by the Commissioner, give the Commissioner the name and address of the person (the client ) who is able to waive the legal professional privilege concerned.

             (3)  If the client agrees to disclosure of the advice or communication by the legal practitioner:

                     (a)  the fact that the legal practitioner discloses the advice or communication does not otherwise affect a claim of legal professional privilege that anyone may make in relation to the advice or communication; and

                     (b)  the advice or communication does not cease to be the subject of legal professional privilege merely because it is disclosed.

116   Other protections

             (1)   A person who gives an answer or information, or produces a document or thing, as required by a direction to produce, a notice to produce, or at a hearing, has the same protection as a witness in proceedings in the High Court.

             (2)  The Commissioner may make such arrangements as are necessary to do the following:

                     (a)  to prevent prejudice to the safety of a person because the person or another person:

                              (i)  has, or is to, respond to a notice to produce; or

                             (ii)  has been, or is to be, a witness at a hearing;

                     (b)  to protect a person from intimidation or harassment because the person or another person:

                              (i)  has, or is to, respond to a notice to produce; or

                             (ii)  has been, or is to be, a witness at a hearing.

             (3)  The arrangements include arrangements with:

                     (a)  the Minister; or

                     (b)  the AFP Commissioner; or

                     (c)  the head (however described) of the police force of a State or Territory.

             (4)  This section does not limit the Witness Protection Act 1994 .

Division 7 Search powers

Subdivision A Search powers

117   Entering certain places without a search warrant

General rule—places occupied by Commonwealth agencies

             (1)  For the purposes of a corruption investigation, the Commissioner (or another authorised officer) may:

                     (a)  enter any place occupied by a Commonwealth agency, at any reasonable time of the day; and

                     (b)  carry on the investigation at that place; and

                     (c)  inspect any documents relevant to the investigation that are kept at that place; and

                     (d)  make copies of, or take extracts from, any documents so inspected; and

                     (e)  for the purpose of making a copy of, or taking an extract from, a document, remove the document from that place; and

                      (f)  seize a document or thing found at that place if the Commissioner (or other authorised officer) believes on reasonable grounds that:

                              (i)  the document or thing is relevant to an indictable offence; and

                             (ii)  seizure of the document or thing is necessary to prevent its concealment, loss or destruction or its use in committing an indictable offence.

Exception—Court premises and places occupied by parliamentarians or their staff, the ABC and SBS

             (2)  Subsection (1) does not apply in relation to:

                     (a)  premises occupied by the High Court or a court created by the Parliament; or

                     (b)  any place in the Parliamentary precincts (within the meaning of the Parliamentary Precincts Act 1988 ); or

                     (c)  premises made available to a parliamentarian under the Parliamentary Business Resources Act 2017 ; or

                     (d)  any premises occupied by the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation.

Exception—prohibited and restricted Defence areas

             (3)  Subsection (1) does not apply in relation to a place mentioned in subsection (4), unless:

                     (a)  the Minister administering the Defence (Special Undertakings) Act 1952 (or another Minister acting for and on behalf of that Minister) has approved the person entering the place or area; and

                     (b)  the person complies with any conditions imposed by the Minister giving the approval in relation to:

                              (i)  the person entering that place or area; and

                             (ii)  the manner in which the investigation is to be carried on at that place or area.

             (4)  The places are as follows:

                     (a)  a place that is a prohibited area for the purposes of the Defence (Special Undertakings) Act 1952 under section 7 of that Act;

                     (b)  an area of land or water, or an area of land and water, that is declared under section 14 of that Act to be a restricted area for the purposes of that Act.

Exception—places declared by the Attorney-General

             (5)  If the Attorney-General is satisfied that carrying on an investigation of a corruption issue at a place might prejudice the security or defence of the Commonwealth, the Attorney-General may, by written notice to the Commissioner, declare the place to be a place to which this subsection applies.

             (6)  While the declaration is in force, subsection (1) does not authorise a person to do anything at the place unless:

                     (a)  a Minister specified in the declaration (or another Minister acting for and on behalf of that Minister) has approved the person entering the place; and

                     (b)  the person complies with any conditions imposed by the Minister giving the approval in relation to:

                              (i)  the person entering that place; and

                             (ii)  the manner in which the investigation is to be carried on at that place.

             (7)  A declaration by the Attorney-General under this section is not a legislative instrument.

118   Receipts for documents and things seized without warrant

             (1)  If a document or thing is seized, or removed from a place, under section 117 (entering certain places without a search warrant), the Commissioner (or another authorised officer) must provide a receipt for the thing.

             (2)  If 2 or more documents or things are seized or moved, they may be covered by the one receipt.

119   Search warrants, and stopping and searching conveyances

             (1)  For the purposes of a corruption investigation, an authorised officer who is not a constable for the purposes of the Crimes Act 1914 has the same powers and duties under Divisions 2, 3 and 5 of Part IAA of that Act as a constable has under those Divisions.

             (2)  The Crimes Act 1914 has effect for the purposes of this section with the modifications set out in Subdivision B.

120   Use and return of documents and things

Using and sharing documents and things

             (1)  Subdivision A of Division 4C of Part IAA of the Crimes Act 1914 applies in relation to the following as if they were things seized under Part IAA of that Act:

                     (a)  a document, thing or copy seized or made under section 117 (entering certain places without a search warrant);

                     (b)  a document, thing, copy or photograph seized or made under Part IAA of the Crimes Act 1914 as applied by section 119 (search warrants, and stopping and searching conveyances).

Return of documents and things

             (2)  Subdivision B of Division 4C of Part IAA of the Crimes Act 1914 applies in relation to a thing seized under section 117 (entering certain places without a search warrant) as if the thing had been seized under Division 2 of Part IAA of the Crimes Act 1914 .

             (3)  Subdivision B of Division 4C of Part IAA of the Crimes Act 1914 applies in relation to a thing seized under that Act as applied by section 119 (search warrants, and stopping and searching conveyances).

Modification of the Crimes Act

             (4)  For the purposes of this section, the Crimes Act 1914 has effect:

                     (a)  as if a reference to the Commissioner (within the meaning of that Act) were a reference to the National Anti-Corruption Commissioner; and

                     (b)  as if the following paragraph were inserted after paragraph 3ZQU(5)(a) of that Act:

                  “(aa)  a body (whether incorporated or not) that is established by the law of a State or Territory for purposes that include the purpose of investigating corruption in State or Territory government entities; or”

Subdivision B Modification of Crimes Act search powers

121   Application of Subdivision

                   This Subdivision applies for the purposes of section 119 (search warrants, and stopping and searching conveyances).

122   Subsection 3C(1)—definition of evidential material

                   The Crimes Act 1914 has effect as if the definition of evidential material in subsection 3C(1) of that Act were substituted with the following definition:

“evidential material means the following, and includes such things in electronic form:

                     (a)  a thing relevant to the investigation of a corruption issue which could, in the opinion of the Commissioner, involve corrupt conduct that is serious or systemic;

                     (b)  a thing relevant to an indictable offence or a thing relevant to a summary offence.”

123   Divisions 2, 3 and 5 of Part IAA—references to constable and Commissioner

             (1)  Divisions 2, 3 and 5 of Part IAA of the Crimes Act 1914 (and any related definitions in that Act) have effect as if:

                     (a)  a reference to a constable included a reference to an authorised officer; and

                     (b)  a reference to the Commissioner (within the meaning of that Act) were a reference to the National Anti-Corruption Commissioner.

             (2)  Despite paragraph (1)(a), subsection 3ZW(1) of the Crimes Act 1914 has effect as if the reference in that subsection to a constable were a reference to an authorised officer.

124   Subsections 3E(1) and (2)—when search warrants can be issued

                   The Crimes Act 1914 has effect as if subsections 3E(1) and (2) of that Act were substituted with the following subsections:

           “(1)  An issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that:

                     (a)  there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises; and

                     (b)  if the search would not be for the purposes of investigating an offence—there are reasonable grounds for believing that, if a person was served with a summons to produce the evidential material, the material might be concealed, lost, mutilated or destroyed.

             (2)  An issuing officer may issue a warrant authorising an ordinary search or a frisk search of a person if the officer is satisfied, by information on oath or affirmation, that:

                     (a)  there are reasonable grounds for suspecting that the person has in their possession, or will within the next 72 hours have in their possession, any evidential material; and

                     (b)  if the search would not be for the purposes of investigating an offence—there are reasonable grounds for believing that, if the person was served with a summons to produce the evidential material, the material might be concealed, lost, mutilated or destroyed.

          (2A)  Subsection (2B) applies if:

                     (a)  the warrant is to search:

                              (i)  a person (the journalist ) who works in a professional capacity as a journalist; or

                             (ii)  the employer of the journalist (working in that capacity); or

                            (iii)  premises occupied or controlled by the journalist or the employer (in the capacities covered by subparagraphs (i) and (ii)); and

                     (b)  the evidential material relates to an alleged offence against a secrecy provision by a person other than the journalist.

          (2B)  In deciding whether to issue the warrant, the issuing officer must have regard to whether the public interest in issuing the warrant outweighs:

                     (a)  the public interest in protecting the confidentiality of the identity of the journalist’s source; and

                     (b)  the public interest in facilitating the exchange of information between journalists and members of the public so as to facilitate reporting of matters in the public interest.”

125   Subsection 3E(4)—previous warrants

                   The Crimes Act 1914 has effect as if subsection 3E(4) of that Act were substituted with the following subsection:

           “(4)  If the person applying for the warrant is one of the following and has, at any time previously, applied for a warrant relating to a corruption issue and the same person or premises, the person must state particulars of those applications and their outcomes in the information:

                     (a)  an authorised officer;

                     (b)  a member of the Australian Federal Police;

                     (c)  a special member of the Australian Federal Police.”

126   Provisions of sections 3E, 3F, 3L and 3LAA

Offence to include corruption issue

             (1)  The Crimes Act 1914 has effect as if a reference in the following provisions of that Act to an offence included a reference to a corruption issue :

                     (a)  paragraph 3E(5)(a);

                     (b)  subparagraphs 3E(6)(a)(i) and (7)(a)(i);

                     (c)  subparagraphs 3F(1)(d)(i) and (2)(c)(i).

Subparagraphs 3E(6)(a)(ii) and (7)(a)(ii)—relevant things

             (2)  The Crimes Act 1914 has effect as if subparagraphs 3E(6)(a)(ii) and (7)(a)(ii) of that Act were substituted with the following subparagraph:

                           “(ii)  a thing relevant to an offence that is an indictable offence, or to a corruption issue that the Commissioner is investigating; or”

Subparagraph 3F(1)(d)(ii)—evidential material

             (3)  The Crimes Act 1914 has effect as if subparagraph 3F(1)(d)(ii) of that Act were substituted with the following subparagraph:

                           “(ii)  evidential material in relation to an offence that is an indictable offence, or to a corruption issue that the Commissioner is investigating; or”

Subparagraph 3F(2)(c)(ii)—relevant things

             (4)  The Crimes Act 1914 has effect as if subparagraph 3F(2)(c)(ii) of that Act were substituted with the following subparagraph:

                           “(ii)  a thing relevant to an offence that is an indictable offence, or to a corruption issue that the Commissioner is investigating; or”

Subsections 3L(1B) and 3LAA(3)

             (5)  The Crimes Act 1914 has effect as if the references in subsections 3L(1B) and 3LAA(3) of that Act to the Australian Federal Police were references to the National Anti-Corruption Commission.

127   Subparagraph 3LA(2)(b)(i)—accessing computer systems

                   The Crimes Act 1914 has effect as if subparagraph 3LA(2)(b)(i) of that Act were substituted with the following subparagraphs:

                            “(i)  reasonably suspected of having committed the offence stated in the relevant warrant; or

                            (ia)  reasonably suspected of having engaged in the corrupt conduct which is the subject of the corruption issue stated in the relevant warrant; or”

128   Provisions of section 3T

Relevant things—indictable offences and corruption issues

             (1)  The Crimes Act 1914 has effect as if paragraph 3T(1)(a) of that Act were substituted with the following paragraph:

                    “(a)  a thing relevant to an indictable offence, or to a corruption issue that the Commissioner is investigating, is in or on a conveyance; and”

Relevant things—other offences and corruption issues

             (2)  The Crimes Act 1914 has effect as if subsection 3T(3) of that Act were substituted with the following subsection:

           “(3)  If, in the course of searching for the thing, the constable or authorised officer finds another thing relevant to an offence, or to a corruption issue that the Commissioner is investigating, the constable or authorised officer may seize that thing if the constable or authorised officer suspects, on reasonable grounds, that:

                     (a)  it is necessary to seize it in order to prevent its concealment, loss or destruction; and

                     (b)  it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.”

Division 8 Interaction with criminal procedure and confiscation proceedings

Subdivision A Key concepts

129   Meaning of pre-charge

             (1)  An event covered by subsection (2) is a pre-charge event in relation to a person if it happens at a time when:

                     (a)  the person has not been charged with a relevant offence and such a charge is not imminent; or

                     (b)  all such charges have been resolved.

             (2)  The events are as follows:

                     (a)  a notice to produce is issued to the person;

                     (b)  a summons is issued for the person to attend a hearing as a witness;

                     (c)  a hearing commences at which the person is to appear as a witness;

                     (d)  material at a hearing that relates to the person becomes investigation material;

                     (e)  such investigation material or derivative material is used or disclosed.

130   Meaning of post-charge

             (1)  An event covered by subsection (2) is a post-charge event in relation to a person if it happens at a time when:

                     (a)  the person has been charged with a relevant offence and that charge is still to be resolved; or

                     (b)  such a charge is imminent.

             (2)  The events are as follows:

                     (a)  a notice to produce is issued to the person;

                     (b)  a summons is issued for the person to attend a hearing as a witness;

                     (c)  a hearing commences at which the person is to appear as a witness;

                     (d)  material at a hearing that relates to the person becomes investigation material;

                     (e)  such investigation material or derivative material is used or disclosed.

131   Meaning of relevant offence

                   An offence is a relevant offence if:

                     (a)  in the case of investigation material, derivative material or a witness—the subject matter of the notice to produce or hearing, as relevant, relates to the subject matter of the offence; or

                     (b)  in the case of a summons—the subject matter of the summons relates to the subject matter of the offence.

132   Meaning of imminent and protected suspect

When a charge for an offence is imminent

             (1)  A charge for an offence is imminent for a person if:

                     (a)  the person is a protected suspect; or

                     (b)  the person is under arrest for the offence, but has not been charged with the offence; or

                     (c)  a person with authority to commence a process for prosecuting the person for the offence has decided to commence, but has not yet commenced, the process.

Note:          Paragraph (1)(c) would apply, for example, if a person with authority to lay a charge has decided to lay, but not yet laid, the charge.

When a confiscation proceeding is imminent

             (2)  A confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but has not yet commenced, the proceeding.

Meaning of protected suspect

             (3)  Each of the following is a protected suspect :

                     (a)  a protected suspect (within the meaning of Part IC of the Crimes Act 1914 );

                     (b)  a person who would be covered by paragraph (a) if the definition of Commonwealth offence in section 23B of that Act included any offence against a law of a State or Territory.

133   Meaning of derivative material

Any evidence, information, document or thing obtained directly or indirectly from investigation material is derivative material .

134   Meaning of pre-confiscation application

             (1)  An event covered by subsection (2) is a pre-confiscation application event in relation to a person if it happens at a time when:

                     (a)  a relevant confiscation proceeding has not commenced against the person and such a proceeding is not imminent; or

                     (b)  all such proceedings have been resolved.

             (2)  The events are as follows:

                     (a)  a notice to produce is issued to the person;

                     (b)  a summons is issued for the person to attend a hearing as a witness;

                     (c)  a hearing commences at which the person is to appear as a witness;

                     (d)  material at a hearing that relates to the person becomes investigation material;

                     (e)  such investigation material or derivative material is used or disclosed.

135   Meaning of post-confiscation application

             (1)  An event covered by subsection (2) is a post-confiscation application event in relation to a person if it happens at a time when:

                     (a)  a relevant confiscation proceeding has commenced against the person and that proceeding is still to be resolved; or

                     (b)  such a proceeding is imminent.

             (2)  The events are as follows:

                     (a)  a notice to produce is issued to the person;

                     (b)  a summons is issued for the person to attend a hearing as a witness;

                     (c)  a hearing commences at which the person is to appear as a witness;

                     (d)  material at a hearing that relates to the person becomes investigation material;

                     (e)  such investigation material or derivative material is used or disclosed.

136   Meaning of confiscation proceeding

             (1)  A confiscation proceeding means a proceeding under:

                     (a)  the Proceeds of Crime Act 2002 ( the Act ); or

                     (b)  a corresponding law within the meaning of the Act.

             (2)  A prosecution for an offence under the Act or a corresponding law is not a confiscation proceeding .

             (3)  A proceeding is taken to be a confiscation proceeding against a person if:

                     (a)  for a proceeding under the Act—the person is a suspect (within the meaning of the Act) for the proceeding; or

                     (b)  for a proceeding under a corresponding law—the person is in a corresponding category for that law.

137   Meaning of relevant confiscation proceeding

                   A confiscation proceeding is a relevant confiscation proceeding if:

                     (a)  in the case of investigation material, derivative material or a witness—the subject matter of the notice to produce or hearing, as relevant, relates to the subject matter of the proceeding; or

                     (b)  in the case of a summons—the subject matter of the summons relates to the subject matter of the proceeding.

138   Meaning of proceeds of crime authority

                   Each of the following is a proceeds of crime authority :

                     (a)  a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002 ;

                     (b)  an authority of a State or Territory responsible for conducting a confiscation proceeding under a corresponding law (within the meaning of the Proceeds of Crime Act 2002 ).

139   When a charge or confiscation proceeding is resolved

Charge for an offence

             (1)  A charge for an offence is resolved in relation to a person at the latest of the following times:

                     (a)  when:

                              (i)  the charge is withdrawn; or

                             (ii)  the charge is dismissed; or

                            (iii)  the person is not committed on the charge following a committal hearing; or

                            (iv)  the person is acquitted of the offence; or

                             (v)  the person is sentenced for the offence; or

                            (vi)  the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or

                           (vii)  the charge is otherwise finally dealt with;

                     (b)  if an appeal relating to a conviction for the offence the subject of the charge is not lodged within the period for lodging such an appeal—when that period ends;

                     (c)  if an appeal relating to a conviction for the offence the subject of the charge is lodged—when the appeal lapses or is finally determined.

             (2)  Despite paragraph (1)(b), if an appeal relating to a conviction for an offence the subject of the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.

Confiscation proceedings

             (3)  A confiscation proceeding is resolved in relation to a person at the latest of the following times:

                     (a)  when the proceeding is discontinued;

                     (b)  if an appeal relating to the proceeding is not lodged within the period for lodging such an appeal—when that period ends;

                     (c)  if an appeal relating to the proceeding is lodged—when the appeal lapses or is finally determined.

             (4)  Despite paragraph (3)(b), if an appeal relating to the proceeding is lodged after that period ends, the proceeding ceases to be resolved until that appeal lapses or is finally determined.

Subdivision B Commissioner’s powers—limited operation provisions

140   Limited operation—Commissioner’s power to issue notices to produce

Limitation to pre-charge and pre-confiscation application operation

             (1)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the Commissioner’s power to issue a notice to produce were, by express provision, confined to a power to issue either or both of the following:

                     (a)  a pre-charge notice to produce;

                     (b)  a pre-confiscation application notice to produce.

Limitation of scope of post-charge notice to produce

             (2)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the information, documents or things required to be given under a post-charge notice to produce excluded, by express provision, information, documents or things in relation to the subject matter of the charge or imminent charge.

Limitation of scope of post-confiscation application notice to produce

             (3)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the information, documents or things required to be given under a post-confiscation application notice to produce excluded, by express provision, information, documents or things in relation to the subject matter of the confiscation proceeding or imminent confiscation proceeding.

141   Limited operation—Commissioner’s power to hold hearings

                   In addition to its effect apart from this subsection, this Act also has the effect it would have if the Commissioner’s power to hold a hearing were, by express provision, confined to a power to hold either or both of the following:

                     (a)  a pre-charge hearing;

                     (b)  a pre-confiscation application hearing.

142   Limited operation—Commissioner’s power to summon person

Limitation to pre-charge and pre-confiscation application operation

             (1)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the Commissioner’s power to issue a summons to a person to attend a hearing were, by express provision, confined to a power to issue either or both of the following:

                     (a)  a pre-charge summons;

                     (b)  a pre-confiscation application summons.

Limitation of scope of post-charge summons

             (2)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the matters in relation to which a person who has been issued a post-charge summons is required to give evidence or information, or produce a document or thing, at a hearing excluded, by express provision, matters in relation to the subject matter of the charge or imminent charge.

Limitation of scope of post-confiscation application summons

             (3)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the matters in relation to which a person who has been issued a post-confiscation application summons is required to give evidence or information, or produce a document or thing, at a hearing excluded, by express provision, matters in relation to the subject matter of the confiscation proceeding or imminent confiscation proceeding.

Limitation to post-charge operation

             (4)  In addition to its effect apart from this subsection, this Act also has the effect it would have if, by express provision:

                     (a)  subsection 63(2) excluded any reference to a post-confiscation summons or a confiscation proceeding; and

                     (b)  paragraph 63(6)(b) were omitted.

Limitation to post-confiscation operation

             (5)  In addition to its effect apart from this subsection, this Act also has the effect it would have if, by express provision:

                     (a)  subsection 63(2) excluded any reference to a post-charge summons or a charge; and

                     (b)  paragraph 63(6)(a) were omitted.

143   Limited operation—obtaining derivative material

Limitation relating to offences

             (1)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the use or disclosure by an entity of investigation material under subsection 104(1) in relation to a witness for the purpose of obtaining derivative material were, by express provision, confined to either or both of the following:

                     (a)  a pre-charge use or disclosure;

                     (b)  a post-charge use or disclosure of pre-charge investigation material.

Limitation relating to confiscation proceedings

             (2)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the use or disclosure by an entity of investigation material under subsection 104(1) in relation to a witness for the purpose of obtaining derivative material were, by express provision, confined to either or both of the following:

                     (a)  a pre-confiscation application use or disclosure;

                     (b)  a post-confiscation application use or disclosure of pre-confiscation application investigation material.

Limitation of entities

             (3)  In addition to its effect apart from this subsection, this Act also has the effect it would have if the entities that may lawfully use or disclose investigation material in relation to a witness for the purpose of obtaining derivative material were, by express provision, limited to one or more of the following entities:

                     (a)  a staff member of the NACC;

                     (b)  a person or body investigating whether the witness committed an offence against a law of the Commonwealth or of a State or Territory;

                     (c)  the Inspector;

                     (d)  a person assisting the Inspector;

                     (e)  a prosecuting authority;

                      (f)  a proceeds of crime authority;

                     (g)  any other person or body, other than a prosecutor of the witness, lawfully in possession of the investigation material;

                     (h)  any other person or body, other than a proceeds of crime authority, lawfully in possession of the investigation material.

144   Limited operation—disclosing investigation material to prosecutors of the witness

                   In addition to its effect apart from this subsection, this Act also has the effect it would have if the disclosure of investigation material under subsection 105(1) in relation to a witness to a prosecutor of the witness were, by express provision, confined to either or both of the following:

                     (a)  a pre-charge disclosure;

                     (b)  a post-charge disclosure of investigation material that is:

                              (i)  pre-charge investigation material; and

                             (ii)  made under an order made under subsection 106(1).

145   Limited operation—disclosing derivative material to prosecutors of the witness

                   In addition to its effect apart from this subsection, this Act also has the effect it would have if the disclosure of derivative material under subsection 105(3) in relation to a witness to a prosecutor of the witness were, by express provision, confined to any one or more of the following:

                     (a)  a pre-charge disclosure;

                     (b)  a post-charge disclosure of derivative material that is obtained from pre-charge investigation material (whether from a pre-charge use of that investigation material or otherwise);

                     (c)  a post-charge disclosure of derivative material that is:

                              (i)  obtained from post-charge investigation material; and

                             (ii)  made under an order made under subsection 106(1).

146   Limited operation—material that may always be disclosed to prosecutors of the witness

                   In addition to its effect apart from this subsection, this Act also has the effect it would have if the disclosure of investigation material or derivative material under subsection 107(1) or (2) in relation to a witness to a prosecutor of the witness were, by express provision, confined to any one or more of the following:

                     (a)  a pre-charge disclosure;

                     (b)  a post-charge disclosure of pre-charge investigation material;

                     (c)  a post-charge disclosure of derivative material that is obtained from pre-charge investigation material (whether from a pre-charge use of the investigation material or otherwise);

                     (d)  a post-charge disclosure of derivative material that is obtained from post-charge investigation material.

147   Limited operation—disclosing material to proceeds of crime authorities

                   In addition to its effect apart from this section, this Act also has the effect it would have if the disclosure of investigation material or derivative material under subsection 109(1) in relation to a person were, by express provision, confined to any one or more of the following:

                     (a)  a pre-confiscation application disclosure;

                     (b)  a post-confiscation application disclosure of pre-confiscation application investigation material;

                     (c)  a post-confiscation application disclosure of derivative material that is obtained from pre-confiscation application investigation material (whether from a pre-confiscation application use of the investigation material or otherwise);

                     (d)  a post-charge disclosure of derivative material that is obtained from post-confiscation application investigation material.

Subdivision C Witness’ fair trial—limited operation

148   Limited operation—witness’ fair trial

                   In addition to its effect apart from this section, this Act also has the effect it would have if subsection 106(4), or paragraph 106(4)(d), had not been enacted.