523Privilege

523 Privilege

523 Privilege

(1) An involved person who is an Australian legal practitioner is entitled to refuse to produce a document to an investigator if the document contains a privileged communication made by or on behalf of or to the practitioner in his or her capacity as an Australian legal practitioner.

(2) The practitioner is not entitled to refuse to produce the document if the person by or on behalf of whom the communication was made or (if the person is under administration under Part 5.3A of the Corporations Act, as applying under this Law, or in the course of being wound up) the administrator or liquidator agrees to the practitioner producing the document.

(3) If the practitioner refuses to comply with the requirement to produce a document, he or she must immediately give in writing to the investigator—

(a) the name and address of the person to whom or by or on behalf of whom the communication was made (if known to the practitioner); and

(b) sufficient particulars to identify the document.

Maximum penalty—$6,000.