Privilege
430 Privilege
An involved person who is a legal practitioner is entitled to refuse to produce a document to an investigator if the document contains a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner.
The legal practitioner is not entitled to refuse to produce the document if the person by or on behalf of whom the communication was made or, if the person is under administration under the Corporations Act Part 5.3A as applying under this Act, or in the course of being wound‑up, the administrator or the liquidator agrees to the legal practitioner producing the document.
If the legal practitioner refuses to comply with the requirement to produce a document, he or she must immediately give in writing to the investigator —
the name and address of the person to whom or by or on behalf of whom the communication was made, if known to the legal practitioner; and
enough particulars to identify the document.
Penalty for this subsection: a fine of $6 000.
[Section 430 amended: No. 7 of 2016 s. 200.]
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