Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies if:
(a) under this Act, a person requires a lawyer;
(i) to give information; or
(ii) to produce a book, account or document; and
(b) either:
(i) giving the information would involve disclosing; or
(ii) the book, account or document contains;
a privileged communication made by, or on behalf of or to the lawyer in their 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, they 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 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, account or document, or the part of the book, account or document, containing the communication.
(4) A person commits an offence if the person refuses or fails to comply with a requirement under this section.