131AApplication of Division to preliminary proceedings of courts

131A Application of Division to preliminary proceedings of courts

[Section 131A Inserted by No. 46 of 2010, s. 38, Applied:01 Jan 2011]

(1)  If –

(a) a person is required by a disclosure requirement to give information, or to produce a document, which would result in the disclosure of a communication, a document or its contents or other information of a kind referred to in Division 1 , 1A or 3 or section 127A or 127B ; and

(b) the person objects to giving that information or providing that document –

the court must determine the objection by applying the provisions of this part (other than sections 123 and 128 ) with any necessary modifications as if the objection to giving information or producing the document were an objection to the giving or adducing of evidence.

(2)  In this section –

disclosure requirement means a process or order of a court that requires the disclosure of information or a document and includes the following:

(a) a summons or subpoena to produce documents or give evidence;

(b) pre-trial discovery;

(c) non-party discovery;

(d) interrogatories;

(e) a notice to produce;

(f) a request to produce a document under Division 1 of Part 6 of Chapter 4 .