Application of div 3.10.4 to preliminary proceedings of courts
131A Application of div 3.10.4 to preliminary proceedings of courts
If—
a person is required by a disclosure requirement to give information, or to produce a document, which would result in the disclosure of a communication, a document or its contents or other information mentioned in division 3.10.1, division 3.10.1A, division 3.10.1C or division 3.10.3; and
the person objects to giving the information or providing the document;
the court must decide the objection by applying the provisions of this part (other than section 123 (Loss of client legal privilege—defendants) and section 128 (Privilege in relation to self‑incrimination in other proceedings)) with any necessary modification as if the objection to giving information or producing the document were an objection to the giving or presenting of evidence.
For this section, disclosure requirement means a process or order of a court that requires the disclosure of information or a document and includes the following:
a summons or subpoena to produce documents or give evidence;
pre-trial discovery;
non-party discovery;
interrogatories;
a notice to produce;
a request to produce a document under division 4.6.1 (Requests to produce documents or call witnesses).
The Commonwealth Act, s 131A applies only to that Act, div 1C (Journalist privilege).
The Commonwealth Act includes a provision (s 131B) that extends the application of that Act, div 1C to proceedings in all Australian courts for Commonwealth offences.
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