Australian Capital Territory Repealed Acts

This legislation has been repealed.

COOPERATIVES ACT 2002 (REPEALED) - SECT 407

    (1)     An involved person who is a lawyer is entitled to refuse to produce a document to an investigator if the document contains a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.

    (2)     The lawyer 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 an entity under administration under the Corporations Act

, part 5.3A (Administration of a company's affairs with a view to executing a deed of company arrangement) as applied by this Act, or in the course of being wound up, the administrator or the liquidator of the entity) agrees to the lawyer producing the document.

    (3)     If the lawyer fails to comply with the requirement to produce a document, the lawyer must immediately provide in writing to the investigator—

        (a)     the name and address of the person to whom, by or on behalf of whom the communication was made (if known to the lawyer); and

        (b)     sufficient particulars to identify the document.

Maximum penalty (subsection (3)): 50 penalty units.