Commonwealth Consolidated Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 288

Legal professional privilege

  (1)   This section applies if:

  (a)   under this Act, a person requires a lawyer:

  (i)   to give information; or

  (ii)   to produce a book; and

  (b)   giving the information would involve disclosing, or the book contains, as the case may be, 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 under administration or is being wound up--the administrator or 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 subparagraph   (1)(a)(i) applies and the communication was made in writing--sufficient particulars to identify the document containing the communication; and

  (c)   if subparagraph   (1)(a)(ii) applies--sufficient particulars to identify the book, or the part of the book, containing the communication.

  (4)   A person who intentionally or recklessly contravenes this section commits an offence punishable on conviction by a fine not exceeding 30 penalty units.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.


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