299BDetermining if there is a protected confidence

299B Determining if there is a protected confidence

299B Determining if there is a protected confidence

(1) If a question arises under this Division relating to a document or evidence, a court may consider the document or evidence.

(2) If there is a jury, the document or evidence is to be considered in the absence of the jury.

(3) A court must not make available or disclose to a party (other than a protected confider) any document or evidence to which this section applies (or the contents of any such document) unless—

(a) the court determines that the document does not record a protected confidence or that the evidence would not disclose a protected confidence, or

(b) a party has been given leave under this Division in relation to the document or evidence and making available or disclosing the document or evidence is consistent with that leave.

(4) A court may make any orders it thinks fit to facilitate its consideration of a document or evidence under this section.

(5) This section has effect despite sections 297 and 298.

s 299B: Ins 2010 No 135, Sch 12.1 [5]. Am 2012 No 11, Sch 1.1 [11].