Law Enforcement Legislation Amendment (Powers) Act 2015 (Cth)

Law Enforcement Legislation Amendment (Powers) Act 2015 No. 109, 2015 An Act to amend various Acts relating to the criminal law or law enforcement, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—ACC examination powers Part 1—Main amendments Australian Crime Commission Act 2002 Part 2—Amendments relating to notices to produce documents or things Australian Crime Commission Act 2002 Public Interest Disclosure Act 2013 Schedule 2—Integrity Commissioner investigation powers Law Enforcement Integrity Commissioner Act 2006 Law Enforcement Legislation Amendment (Powers) Act 2015 No. 109, 2015 An Act to amend various Acts relating to the criminal law or law enforcement, and for related purposes [Assented to 30 June 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Law Enforcement Legislation Amendment (Powers) Act 2015. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 30 June 2015 2. Schedules 1 and 2 The 28th day after this Act receives the Royal Assent. 28 July 2015 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—ACC examination powers Part 1—Main amendments Australian Crime Commission Act 2002 1 Subsection 4(1) Insert: against: a confiscation proceeding is against a person if: (a) for a proceeding under the Proceeds of Crime Act 2002—the person is a suspect (within the meaning of that Act) for the proceeding; or (b) for a proceeding under a law of a State or Territory—the person is in a corresponding category for that law. charged: a person is charged with an offence if a process for prosecuting the person for the offence commences. derivative material means any evidence, information, document or thing obtained directly or indirectly from examination material. disclose, for examination material or derivative material, includes: (a) to make available; and (b) to disclose copies, contents or descriptions of that material. examination means an examination under Division 2 of Part II. examination material has the meaning given by subsection 4B(1). examinee has the meaning given by subsection 4B(3). imminent: (a) a charge against a person is imminent if: (i) the person is a protected suspect; or (ii) the person is under arrest for an offence, but has not been charged with the offence; or (iii) a person with authority to commence a process for prosecuting the person for an offence has decided to commence, but not yet commenced, the process; or (b) 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. Note: Subparagraph (a)(iii) applies, for example, if a person with authority to lay the charge has decided to lay, but not yet laid, the charge. post‑charge: (a) a use or disclosure of examination material or derivative material is a post‑charge use or disclosure if the use or disclosure happens at a time when: (i) the examinee has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (b) material is post‑charge examination material if the material becomes examination material at a time when: (i) the examinee has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (c) an examination is a post‑charge examination if the examination commences at a time when: (i) the examinee has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (d) a summons is a post‑charge summons if the summons is issued to a person at a time when: (i) the person has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent. post‑confiscation application: (a) a use or disclosure of examination material or derivative material is a post‑confiscation application use or disclosure if the use or disclosure happens at a time when: (i) a related confiscation proceeding has commenced against the examinee and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (b) material is post‑confiscation application examination material if the material becomes examination material at a time when: (i) a related confiscation proceeding has commenced against the examinee and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (c) an examination is a post‑confiscation application examination if the examination commences at a time when: (i) a related confiscation proceeding has commenced against the examinee and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (d) a summons is a post‑confiscation application summons if the summons is issued to a person at a time when: (i) a related confiscation proceeding has commenced against the person and that proceeding is still to be resolved; or (ii) such a proceeding is imminent. pre‑charge: (a) a use or disclosure of examination material or derivative material is a pre‑charge use or disclosure if the use or disclosure happens at a time when: (i) the examinee has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved; or (b) material is pre‑charge examination material if the material becomes examination material at a time when: (i) the examinee has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved; or (c) an examination is a pre‑charge examination if the examination commences at a time when: (i) the examinee has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved. pre‑confiscation application: (a) a use or disclosure of examination material or derivative material is a pre‑confiscation application use or disclosure if the use or disclosure happens at a time when: (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved; or (b) material is pre‑confiscation application examination material if the material becomes examination material at a time when: (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved; or (c) an examination is a pre‑confiscation application examination if the examination commences at a time when: (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved. proceeds of crime authority means: (a) a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002; or (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). prosecuting authority means an individual, or authority, authorised by or under a law of the Commonwealth or a State or Territory to prosecute an offence. prosecutor, of an examinee, means 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 examinee for a related offence; or (ii) is one of the individuals engaging in such a prosecution of the examinee. protected suspect means: (a) a protected suspect (within the meaning of Part IC of the Crimes Act 1914); or (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. related confiscation proceeding means: (a) for examination material, derivative material or an examinee—a confiscation proceeding if the subject matter of the relevant examination relates to the subject matter of the proceeding; or (b) for a summons—a confiscation proceeding if the subject matter of the summons relates to the subject matter of the proceeding. related offence means: (a) for examination material, derivative material or an examinee—an offence if the subject matter of the relevant examination relates to the subject matter of the offence; or (b) for a summons—an offence if the subject matter of the summons relates to the subject matter of the offence. resolved has the meaning given by section 4C. use, for examination material or derivative material, includes use of copies, contents or descriptions of that material. 2 After section 4A Insert: 4B Examination material and examinee (1) Examination material is: (a) any evidence given by a person before an examiner at an examination; or (b) a document or thing produced by a person to an examiner at an examination; or (c) any information that might enable a person who has given evidence before an examiner at an examination to be identified; or (d) the fact that a person has given or may be about to give evidence at an examination. (2) To avoid doubt, information, a document or a thing is not covered by paragraph (1)(a) or (b) to the extent that it is obtained otherwise than at an examination. Example: Before a document is produced at an examination, a law enforcement agency obtains a copy of the document when executing a search warrant. The copy obtained under the warrant is not examination material. (3) The examinee is: (a) for an examination or examination material—the person referred to in paragraph (1)(a), (b), (c) or (d); or (b) for derivative material—the person who is the examinee for the examination material from which the derivative material was obtained. 4C Resolved (1) A charge for an offence is resolved in relation to a person at the later 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 the charge is not lodged within the period for lodging such an appeal—when that period ends; (c) if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined. Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined. (2) A confiscation proceeding is resolved in relation to a person at the later 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. Despite paragraph (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. 3 Subsection 7C(2) Omit "effective", substitute "effective at understanding, disrupting or preventing the federally relevant criminal activity to which the intelligence operation relates". 4 Subsection 7C(3) Omit "effective", substitute "effective at understanding, disrupting or preventing the federally relevant criminal activity". 5 Subsection 12(1) (note 1) Omit "Note 1", substitute "Note". 6 Subsection 12(1) (note 2) Repeal the note. 7 After subsection 12(1) Insert: (1AA) Subsection (1) has effect subject to: (a) any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and (b) the CEO complying with sections 25B to 25G to the extent that the evidence is examination material or derivative material. 8 Subsection 12(1A) (note) Repeal the note. 9 Subsection 12(2) Repeal the subsection, substitute: (2) Subsection (1A) has effect subject to: (a) any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and (b) the CEO complying with sections 25B and 25H to the extent that the evidence is examination material or derivative material. 10 At the end of section 24AA Add: Returnable items that are examination material or derivative material (10) This section has effect subject to: (a) any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and (b) the person making available, or using, the returnable item complying with sections 25B to 25H to the extent that the returnable item is examination material or derivative material. 11 Section 24A Before "An", insert "(1)". 12 At the end of section 24A Add: (2) The examination may be: (a) a pre‑charge examination or a post‑charge examination; or (b) a pre‑confiscation application examination or a post‑confiscation application examination. (3) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) paragraph (2)(a) were, by express provision, confined to pre‑charge examinations; or (b) paragraph (2)(b) were, by express provision, confined to pre‑confiscation application examinations. 13 After subsection 25A(6) Insert: (6A) For the purposes of subsection (6), the matters relevant to the ACC operation/investigation may include: (a) the subject matter of any charge, or imminent charge, against the witness; and (b) the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the witness. (6B) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) subsection (6A) had not been enacted; or (b) subsection (6A) were, by express provision, confined to dealing with a charge against the witness or such a charge that is imminent; or (c) subsection (6A) were, by express provision, confined to dealing with a confiscation proceeding against the witness that has commenced or is imminent. 14 Subsections 25A(9), (10) and (11) Repeal the subsections, substitute: Confidentiality (9) An examiner may direct that examination material: (a) must not be used or disclosed; or (b) may only be used by, or disclosed to, specified persons in specified ways or on specified conditions. (9A) An examiner must give a direction under subsection (9) about examination material if the failure to do so: (a) might prejudice a person's safety; or (b) would reasonably be expected to prejudice the examinee's fair trial, if the examinee has been charged with a related offence or such a charge is imminent. (10) A direction under subsection (9) about examination material may, in writing, be varied or revoked by: (a) the CEO; or (b) the examiner conducting the examination, if the examinee for the examination material has neither been excused nor released from further attendance at the examination. (11) However, the direction cannot be varied or revoked if the variation or revocation: (a) might prejudice a person's safety; or (b) would reasonably be expected to prejudice the examinee's fair trial, if the examinee has been charged with a related offence or such a charge is imminent. 15 Subsection 25A(14) Repeal the subsection, substitute: Offences (14) A person commits an offence if the person contravenes subsection (5) by being present at an examination. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (14A) A person commits an offence if: (a) the person uses or discloses examination material (whether or not the person is the first to do so); and (b) the use or disclosure contravenes a direction given under subsection (9) about the examination material; and (c) the use or disclosure is not under subsection (12) or (13) or paragraph 25C(1)(b). Penalty: Imprisonment for 2 years or 120 penalty units, or both. 16 After section 25A Insert: 25B Obtaining derivative material (1) An entity mentioned in subsection (3), that may lawfully use or disclose examination material, may lawfully use or disclose the material for the purpose of obtaining derivative material if the use or disclosure is: (a) a pre‑charge use or disclosure of the material; or (b) a post‑charge use or disclosure of pre‑charge examination material; or (c) a post‑charge use or disclosure of post‑charge examination material; or (d) a pre‑confiscation application use or disclosure of the examination material; or (e) a post‑confiscation application use or disclosure of pre‑confiscation application examination material; or (f) a post‑confiscation application use or disclosure of post‑confiscation application examination material. (2) Subsection (1) has effect subject to: (a) any relevant direction given under subsection 25A(9); and (b) paragraph 25C(1)(b), in the case of a disclosure to a prosecutor of the examinee. Subsection (1) does not, by implication, limit the use or disclosure of the examination material for any other purpose. (3) The entities are as follows: (a) an examiner; (b) the CEO or a member of the staff of the ACC; (c) a person or body investigating whether the examinee committed an offence against a law of the Commonwealth, or of a State or Territory; (d) a prosecutor of the examinee; (e) a prosecuting authority; (f) a proceeds of crime authority; (g) any other person or body lawfully in possession of the examination material. (4) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) one or more of paragraphs (1)(b), (c), (e) and (f) had not been enacted; or (b) subsection (3) were, by express provision, confined to persons or bodies other than either or both of the following: (i) prosecutors of the examinee; (ii) proceeds of crime authorities. 25C Disclosing examination material to prosecutors of the examinee (1) A person or body, that may lawfully disclose examination material, may lawfully disclose the material to a prosecutor of the examinee if the disclosure is: (a) a pre‑charge disclosure of the material; or (b) a post‑charge disclosure of: (i) pre‑charge examination material; or (ii) post‑charge examination material; under an order made under subsection 25E(1). (2) Subsection (1) has effect subject to any relevant direction given under subsection 25A(9), in the case of a pre‑charge disclosure of the material. Note: In the case of a post‑charge disclosure, the court will have regard to any direction under subsection 25A(9) in deciding whether to make an order under subsection 25E(1). (3) Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph (1)(b), or either of its subparagraphs, had not been enacted. 25D Disclosing derivative material to prosecutors of the examinee (1) A person or body, that may lawfully disclose derivative material, may lawfully disclose the material to a prosecutor of the examinee if the disclosure is: (a) a pre‑charge disclosure of the material; or (b) a post‑charge disclosure of derivative material obtained from pre‑charge examination material (whether from a pre‑charge use of that examination material or otherwise); or (c) a post‑charge disclosure of derivative material obtained from post‑charge examination material, and the disclosure is under an order made under subsection 25E(1). (2) Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph (1)(b) or (c), or both, had not been enacted. 25E 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 examination material or derivative material may be disclosed to prosecutors of the examinee if the court is satisfied that the disclosure is required: (a) in the interests of justice; and (b) despite any relevant direction given under subsection 25A(9). The order may specify the prosecutors (by any means), and the uses to which they may put the material. (2) Subsection (1) applies to: (a) if the examinee has been charged with a related offence before a federal court or a court of a State or Territory—that court; or (b) otherwise—a federal court (other than the Family Court of Australia) or a court of a State or Territory. Court's powers to ensure the examinee's fair trial (3) Subsection (1) and sections 25B, 25C, 25D, 25F and 25G do not, by implication, restrict a court's power to make any orders necessary to ensure that the examinee's fair trial is not prejudiced by the possession or use of examination material or derivative material by a prosecutor of the examinee. (4) However, a person's trial for: (a) an offence against a law of the Commonwealth or a Territory; or (b) an offence against a law of a State that has a federal aspect; is not unfair merely because the person has been an examinee. This applies whether the person became an examinee: (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. (5) Without limiting its effect apart from this subsection, this Act also has the effect it would have if subsection (4), or paragraph (4)(d), had not been enacted. 25F Certain material may always be disclosed to prosecutors of the examinee (1) A person or body, that may lawfully disclose examination material of a kind covered by paragraph 4B(1)(c) or (d), may lawfully disclose the material to a prosecutor of the examinee. (2) A person or body, that may lawfully disclose examination material or derivative material, may lawfully disclose the material to a prosecutor of the examinee if the examinee: (a) is suspected of; or (b) has been charged with; an offence against subsection 30(1), (2) or (3), 33(1) or 35(1) in relation to the examination. (3) Subsection (1) or (2) has effect subject to any relevant direction given under subsection 25A(9). (4) Subsection (1) or (2) applies whether the disclosure is: (a) a pre‑charge disclosure of the material; or (b) a post‑charge disclosure of: (i) pre‑charge examination material; or (ii) derivative material obtained from pre‑charge examination material (whether from a pre‑charge use of the examination material or otherwise); or (c) a post‑charge disclosure of: (i) post‑charge examination material; or (ii) derivative material obtained from post‑charge examination material; and whether or not an order has been made under subsection 25E(1). (5) Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph (4)(b) or (c), or both, had not been enacted. 25G Other matters about prosecutors and examinees (1) If a prosecutor of the examinee lawfully possesses examination material or derivative material, the prosecutor may use that material for purposes that include: (a) making a decision whether to prosecute the examinee; and (b) prosecuting the examinee. This use of the examination material is subject to subsection 30(5) and any relevant direction given under subsection 25A(9). (2) If material is lawfully in the possession of a prosecutor of the examinee, the fact that the material is examination material or derivative material does not prevent it from being admissible in evidence against the examinee in a criminal proceeding. Note: The material may be inadmissible for other reasons (for example, because of subsection 30(5)). (3) Sections 25B to 25F and subsection (1) of this section do not, by implication, restrict the use of examination material or derivative material by, or the disclosure of that material to: (a) a prosecuting authority; or (b) an individual employed or engaged by a prosecuting authority; who is not a prosecutor of the examinee. (4) This section has effect subject to any law of the Commonwealth, a State or Territory. 25H Proceeds of crime authorities and examinations (1) A person or body, that may lawfully disclose examination material or derivative material, may lawfully disclose the material to a proceeds of crime authority if the disclosure is: (a) a pre‑confiscation application disclosure of the material; or (b) a post‑confiscation application disclosure of: (i) pre‑confiscation application examination material; or (ii) derivative material obtained from pre‑confiscation application examination material (whether from a pre‑confiscation application use of the examination material or otherwise); or (c) a post‑confiscation application disclosure of: (i) post‑confiscation application examination material; or (ii) derivative material obtained from post‑confiscation application examination material. (2) Subsection (1) has effect subject to any relevant direction given under subsection 25A(9). (3) If material is lawfully in the possession of a proceeds of crime authority, the fact that the material is examination material or derivative material does not prevent it from being admissible in evidence against the examinee in a confiscation proceeding. Note: The material may be inadmissible for other reasons (for example, because of subsection 30(5)). (4) Subsections (3), 21E(3) and 30(5A) do not, by implication, restrict a court's power to make any orders necessary to prevent prejudice to the proper administration of justice. (5) Without limiting its effect apart from this subsection, this Act also has the effect it would have if paragraph (1)(b) or (c), or both, had not been enacted. 17 Subsection 28(1) Repeal the subsection, substitute: (1) An examiner may summon a person to appear before an examiner at an examination to do either or both of the following: (a) give evidence; (b) produce any documents or other things referred to in the summons; if the examiner is satisfied that issuing the summons is: (c) in all cases—reasonable in all the circumstances; and (d) in the case of a post‑charge, or post‑confiscation application, summons—reasonably necessary for the purposes of the relevant special ACC operation/investigation even though: (i) the person has been charged or the confiscation proceeding has commenced; or (ii) that charge or proceeding is imminent. 18 Subsection 28(1A) Omit the first sentence. 19 At the end of subsection 28(3) Add: Note: Those matters could relate to a charge or confiscation proceeding against the person (see subsection 25A(6A)). 20 At the end of section 28 Add: Severability (9) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) paragraph (1)(d) had not been enacted; or (b) paragraph (1)(d) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or (c) paragraph (1)(d) were, by express provision, confined to dealing with a confiscation proceeding against the person that has commenced or is imminent. 21 Subparagraphs 29A(2)(a)(ii) and (b)(ii) Repeal the subparagraphs, substitute: (ii) a person's fair trial, if the person has been charged with an offence or such a charge is imminent; or 22 Subsection 29B(1) (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 2 years or 120 penalty units, or both. 23 Subsection 29B(3) (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 2 years or 120 penalty units, or both. 24 Subsection 30(4) Omit "That subsection only applies", substitute "Subsections (5) and (5A) only apply". 25 Subparagraph 30(4)(a)(ii) Repeal the subparagraph, substitute: (ii) produces a document or thing that he or she was required to produce by a summons under this Act; or (iii) produces a document or thing that he or she was required to produce under subsection 28(4); and 26 Subsection 30(5) Repeal the subsection, substitute: (5) The answer, document or thing is not admissible in evidence against the person in: (a) a criminal proceeding; or (b) a proceeding for the imposition of a penalty; or (c) a confiscation proceeding. (5A) Subsection (5) does not affect whether the answer, document or thing is admissible in evidence against the person in: (a) a confiscation proceeding, if the answer was given, or the document or thing was produced, at the examination at a time when the proceeding had not commenced and is not imminent; or (b) a proceeding about: (i) in the case of an answer—the falsity of the answer; or (ii) in the case of the production of a document—the falsity of any statement contained in the document. Note: For paragraph (a), the court may order otherwise (see subsection 25H(4)). (5B) Subsection (5A) does not, by implication, affect the admissibility or relevance of the answer, document or thing for any other purpose. 27 At the end of paragraph 34A(a) Add: (iv) refuses or fails to produce a document or thing that he or she was required to produce under subsection 28(4); or 28 Subsection 51(2) Omit all the words after "this Act,", substitute "commits an offence punishable on conviction by imprisonment for a period not exceeding 2 years, a fine not exceeding 120 penalty units, or both". 29 Paragraph 59AB(1)(e) Repeal the paragraph, substitute: (e) disclosing the ACC information would not prejudice: (i) a person's safety; or (ii) a person's fair trial if the person has been charged with an offence or such a charge is imminent; and (f) disclosing the ACC information would not be contrary to a law of the Commonwealth, a State or Territory that would otherwise apply. 30 Subsection 59AB(7) (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 2 years or 120 penalty units, or both. 31 Subsection 59AB(7) (note) Repeal the note. 32 Subsection 59AB(8) (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 2 years or 120 penalty units, or both. 33 Subsection 59AB(8) (note) Repeal the note. 34 Section 59AC Repeal the section, substitute: 59AC Restrictions on disclosing examination material or derivative material (1) Section 59 has effect subject to: (a) any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and (b) the Chair of the Board or the CEO (as applicable) complying with sections 25B to 25H to the extent that the information to be provided or disclosed is examination material or derivative material. (2) Sections 59AA and 59AB have effect subject to: (a) any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and (b) the CEO complying with sections 25B to 25H to the extent that the ACC information is examination material or derivative material. 35 Subsection 60(5) Omit "or prejudice the fair trial of a person who has been or may be charged with an offence", substitute ", or prejudice a person's fair trial if the person has been charged with an offence or such a charge is imminent". 36 Subsection 61(4) Omit "or prejudice the fair trial of a person who has been or may be charged with an offence", substitute ", or prejudice a person's fair trial if the person has been charged with an offence or such a charge is imminent". 37 Application of amendments (1) Subject to subitems