Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN BUSINESS REGULATION ACT 1992 - SECT 15

  (1)   This section applies where:

  (a)   under this Act, a person requires a lawyer to give information or produce a document; and

  (b)   giving the information or producing the document would involve disclosing a privileged communication made by, on behalf of, or to the lawyer in his or her capacity as a lawyer.

  (2)   The lawyer is entitled to refuse to comply with the requirement unless:

  (a)   if the person to whom, or by or on behalf of whom, the communication was made is a body corporate that is being wound up--the liquidator of the body; or

  (b)   otherwise--the person to whom, or by or on behalf of whom, the communication was made;

consents to the lawyer complying with the requirement.

  (3)   If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:

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

  (b)   if the communication was made in writing--sufficient particulars to identify the document containing the communication.

Penalty for a contravention of this subsection:   15 penalty units.