601Meaning of privileged from production—pt 2.8

601 Meaning of privileged from production—pt 2.8 For this part, a document is privileged from production only if— (a) it is a document of which evidence could not be adduced, or could not be adduced over the objection of a person, because of the Evidence Act, part 3.10 (Privileges), other than section 128 or section 130; or Note Section 128 deals with privilege against self-incrimination and s 130 deals with exclusion of evidence of matters of state. (b) the party who would otherwise give discovery is an individual and the contents of the document may tend to prove that the (i) has committed an offence against or arising under an Australian law, or a law of a foreign country, within the meaning of the Evidence Act; or (ii) is liable to a civil penalty within the meaning of the Evidence Act; or

Rule 605 (c) it is a document of which evidence could not be adduced, or could not be adduced over the objection of a person, because of the Evidence Act, section 130, unless the court decides that the document has stopped being privileged from production. Note 1 The Evidence Act, dict, pt 2, s 9 deals with the meaning of references to laws, and dict, pt 1 defines Australian law. Note 2 The Evidence Act, dict, pt 2, s 3 provides that a person is taken to be liable to a civil penalty if, in an Australian or overseas proceeding (other than a criminal proceeding), the person would be liable to a penalty arising under an Australian law or a law of a foreign country.