Victorian Numbered Acts Victorian Numbered Acts(1) Within 7 days after the Chief Examiner gives a sealed document or other thing to a registrar of the Magistrates' Court in accordance with section 41 , the Chief Examiner may apply to the Magistrates' Court to determine whether or not the document or thing is the subject of legal professional privilege.
(2) If no application is made under sub-section (1) within the period of 7 days, the registrar having safe custody of the sealed document or other thing must return the document or thing to the claimant for legal professional privilege.
(3) The Chief Examiner must give notice in the prescribed form of the application to the claimant for legal professional privilege a reasonable time before the hearing of the application.
(4) The claimant is entitled to appear and be heard on the hearing of the application.
(5) The Magistrates' Court must determine whether or not the sealed document or other thing is the subject of legal professional privilege and for that purpose the magistrate and any other person authorised by the Court may open and inspect the sealed document or other thing.
(6) If the Magistrates' Court determines that the sealed document or other thing is the subject of legal professional privilege, the Court must order that the document or other thing be returned to the claimant and the registrar of the Court who has safe custody of the document or thing must return it to the claimant.
(7) If the Magistrates' Court determines that the sealed document or other thing is not the subject of legal professional privilege, the Court must order that the document or thing be given to the Chief Examiner and the registrar having safe custody of the document or thing must release it accordingly.
(8) Subject to sub-section (5), a person must not open a sealed document or other thing or otherwise have access to the document or thing before—
(a) the Magistrates' Court determines the claim of legal professional privilege; or
(b) the document or thing is returned to the claimant.
Penalty: 120 penalty units or imprisonment for 12 months or both.