Superannuation Industry (Supervision) Act 1993

This section applies if:

under this Act, a person requires a lawyer:

to give information; or

to produce a book; and

giving the information would involve disclosing, or the book contains, as the case may be, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.

The lawyer is entitled to refuse to comply with the requirement unless:

if the person to whom, or by or on behalf of whom, the communication was made is a body corporate that is under administration or is being wound up—the administrator or the liquidator of the body; or

otherwise—the person to whom, or by or on behalf of whom, the communication was made;

If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:

if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and

if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and

if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the book, or the part of the book, containing the communication.

A person who intentionally or recklessly contravenes this section commits an offence punishable on conviction by a fine not exceeding 30 penalty units.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.