Procedure for claims of legal professional privilege if person has no authority to waive privilege
205ZZG Procedure for claims of legal professional privilege if person has no authority to waive privilege
This section applies if—
a person makes a claim of legal professional privilege under section 81A(1) in relation to a requirement to produce a document or thing under a notice to produce; and
the person has no authority to waive the privilege.
The person must, if required by the commission officer identified in the notice to produce—
tell the officer the name and address of the person entitled to waive the privilege; and
seal the document or thing and give it to the commission for safekeeping.
Maximum penalty—85 penalty units or 1 year’s imprisonment.
The commission officer must—
give the person a receipt for the sealed document or thing; and
place it in safe custody at the commission’s place of business at the earliest reasonable opportunity.
A person must not open the sealed document or thing unless authorised to open it under this Act or a court order.
Maximum penalty—85 penalty units or 1 year’s imprisonment.
The commission must return the sealed document or thing to the person who gave it to the commission if the chairperson has not, within 3 months after the day on which the sealed document or thing was given to the commission, made an application under section 205ZZH.
If the chairperson or the person makes an application under section 205ZZH, the commission’s representative must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody.
Maximum penalty—85 penalty units or 1 year’s imprisonment.
The commission’s representative must notify the person that the sealed document or thing has been delivered to the registrar.
The registrar must keep the sealed document or thing in safe custody until—
the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing; or
the application under section 205ZZH is decided by the Supreme Court.
The registrar must—
if the person and the commission’s representative give the registrar notice that agreement on the disposal of the sealed document or thing has been reached—dispose of the sealed document or thing in the way agreed; or
if the application under section 205ZZH is decided by the Supreme Court—dispose of the sealed document or thing in the way ordered by the court.
This Act’s bill:Explanatory memorandum
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