Crime and Corruption Act 2001

This section applies in relation to a sealed document or thing given to the commission under section 205ZZC.

The commission must return the sealed document or thing to the person who gave it to the commission if—

in the context of a witness protection function—the chairperson or the person entitled to waive the privilege has not, within 3 months after the day on which the sealed document or thing was given to the commission, made an application under subsection (3); or

otherwise—the commission has not, within 3 months after the day on which the sealed document or thing was given to the commission, given the person entitled to waive the privilege a notice to attend a hearing to produce the sealed document or thing.

In the context of a witness protection function, the chairperson or the person entitled to waive the privilege may apply to the Supreme Court for the court to decide whether a claim of legal professional privilege in relation to the sealed document or thing is established.

Sections 205ZL and 205ZO apply to an application made under subsection (3).

If the Supreme Court decides that the claim of legal professional privilege in relation to the sealed document or thing is established, the court must make an order that the sealed document or thing be given to the person.

If the Supreme Court decides that the claim of legal professional privilege in relation to the sealed document or thing is not established, the court must make an order that the commission may access the sealed document or thing.