Independent Commission Against Corruption Act 2012

This clause applies if—

a person executing a warrant (the searcher) wishes to inspect, copy or seize a document or other thing under the warrant; and

a person who is entitled to claim the privilege (the claimant) claims that the document or other thing is the subject of privilege.

The searcher must consider the claim of privilege and either—

cease exercising the power under the warrant in relation to the document or other thing over which the claim of privilege is made; or

require the claimant to immediately seal the document or other thing in an envelope, or otherwise secure it if it cannot be sealed in an envelope, and give it to the searcher.

The searcher must not inspect the document or other thing in considering the claim of privilege.

If the searcher requires the claimant to give the document or other thing to the searcher under subclause (2)(b), the searcher must—

notify the Commission as soon as is reasonably practicable; and

as soon as is reasonably practicable, give the document or other thing to the proper officer of the Supreme Court to be held in safe custody.

Subject to clause 4, a person must not open a sealed envelope or interfere with a document or thing secured otherwise than in an envelope before delivery to the proper officer of the Supreme Court.