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Evidence Act 2011
131AApplication of div 3.10.4 to preliminary proceedings of
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131A Application of div 3.10.4 to preliminary proceedings of
courts
(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 mentioned in division 3.10.1,
division 3.10.1A, division 3.10.1C or division 3.10.3; and
(b) the person objects to giving the information or providing the
document;
the court must decide the objection by applying the provisions of this
part (other than section 123 (Loss of client legal privilege—
defendants) and section 128 (Privilege in relation to
self-incrimination in other proceedings)) with any necessary
modification as if the objection to giving information or producing
the document were an objection to the giving or presenting of
evidence.
(2) For 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 4.6.1 (Requests
to produce documents or call witnesses).
Note 1 The Commonwealth Act, s 131A applies only to that Act, div 1C
(Journalist privilege).
Note 2 The Commonwealth Act includes a provision (s 131B) that extends the
application of that Act, div 1C to proceedings in all Australian courts for
Commonwealth offences.