Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 101

Determination of privilege claims

    (1)     The court must determine whether or not the sealed document or other thing is the subject of privilege and for that purpose the judge and any other person authorised by the court may open and inspect the sealed document or other thing.

    (2)     If the court determines that the sealed document or other thing is the subject of privilege, the court must order that the document or other thing be returned to the claimant and the proper officer must return it to the claimant.

    (3)     If the court determines that the sealed document or other thing is not the subject of privilege, the court must order that the document or thing be given to the Director and the proper officer must release it accordingly.

    (4)     Subject to subsection (1), a person must not open a sealed document or other thing or otherwise have access to the document or thing before—

        (a)     the court determines the claim of privilege; or

        (b)     the document or thing is returned to the claimant.

Penalty:     120 penalty units or imprisonment for 12 months or both.

    (5)     In this section—

"privilege" has the same meaning as in section 99.



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