Term used: reasonable excuse
157 Term used: reasonable excuse
In this Part —
reasonable excuse, in relation to a failure to produce any document or other thing, means an excuse that would excuse a similar failure by a witness, or a person summoned as a witness, before the Supreme Court except that it does not include as an excuse for failing to produce any document or other thing, that —
the production of the document or other thing might incriminate or tend to incriminate the person or render the person liable to a penalty; or
the production of the document or other thing would be in breach of an obligation of the person not to disclose information, or not to disclose the existence or contents of a document, whether the obligation arose under an enactment or otherwise; or
the production of the document or other thing might, but for section 144(3), be subject to legal professional privilege.
[Section 157 inserted: No. 78 of 2003 s. 22; amended: No. 10 of 2018 s. 18.]
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