sec.191Claim of legal professional privilege

### sec.191 Claim of legal professional privilege A claim of legal professional privilege is not a reasonable excuse for a person for an offence against section 189 (1) if— the person has authority to waive the privilege and waives it; or the privilege is waived by a person having authority to waive it. Subsection (3) applies if— a person mentioned in section 189 (1) refuses to answer a question on the ground the answer to the question would disclose a communication to which legal professional privilege attaches; and the person has no authority to waive the privilege. The person must, if required by the presiding officer, tell the officer the name and address of the person to whom or by whom the communication was made. Maximum penalty—200 penalty units or 5 years imprisonment. An offence against subsection (3) is a misdemeanour. s 191 amd 2009 No. 48 s 131 ; 2014 No. 21 s 94 (1) sch 1 sub 2024 No. 41 s 25 (sec.191-ssec.1) A claim of legal professional privilege is not a reasonable excuse for a person for an offence against section 189 (1) if— the person has authority to waive the privilege and waives it; or the privilege is waived by a person having authority to waive it. (sec.191-ssec.2) Subsection (3) applies if— a person mentioned in section 189 (1) refuses to answer a question on the ground the answer to the question would disclose a communication to which legal professional privilege attaches; and the person has no authority to waive the privilege. (sec.191-ssec.3) The person must, if required by the presiding officer, tell the officer the name and address of the person to whom or by whom the communication was made. Maximum penalty—200 penalty units or 5 years imprisonment. (sec.191-ssec.4) An offence against subsection (3) is a misdemeanour. - (a) the person has authority to waive the privilege and waives it; or - (b) the privilege is waived by a person having authority to waive it. - (a) a person mentioned in section 189 (1) refuses to answer a question on the ground the answer to the question would disclose a communication to which legal professional privilege attaches; and - (b) the person has no authority to waive the privilege.