Sch 4Legal professional privilege

Schedule 4—Legal professional privilege

 

legal professional privilege includes privilege under Division 1 of Part 3.10 of the Evidence Act 1995.

LPP form, in relation to information or a document, means a written notice that:

 (a) is in an approved form; and

 (b) specifies the basis on which the information or document is privileged from being given or produced on the ground of legal professional privilege; and

 (c) contains any other information required by the approved form; and

 (d) is accompanied by any documents required by the approved form.

2  After subsection 26Q(2)

 (2A) If:

 (a) a person is given a notice under subsection (1) in relation to one or more documents; and

 (b) the person reasonably believes that the documents are privileged from being produced on the ground of legal professional privilege;

the person must give the AUSTRAC CEO an LPP form in relation to the documents within the period specified in the request.

3  Subsection 26Q(3)

 (3) Subsections (2) and (2A) are civil penalty provisions.

4  Paragraph 41(2)(a)

After “applies”, insert “and paragraph (aa) of this subsection does not apply”.

5  After paragraph 41(2)(a)

 (aa) if:

 (i) paragraph (1)(d), (e), (f), (i) or (j) applies; and

 (ii) the reporting entity reasonably believes that some (but not all) of the information required to be contained in the report may be privileged from being given on the ground of legal professional privilege; and

 (iii) the privilege, if it exists, belongs to a person other than the reporting entity;

  5 business days after the day on which the reporting entity forms the relevant suspicion; or

6  After subsection 41(2)

 (2A) Despite subsection (2), the reporting entity may refuse to give the AUSTRAC CEO a report about the matter if the reporting entity reasonably believes that all of the information comprising the grounds on which the reporting entity holds the relevant suspicion is privileged from being given on the ground of legal professional privilege.

7  After paragraph 41(3)(a)

 (aa) if the reporting entity reasonably believes that some (but not all) of the information required to be contained in the report about the matter is privileged from being given on the ground of legal professional privilege—be accompanied by an LPP form in relation to the information; and