Financial Intermediaries Act 1996
sec.194Privileged communications
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sec.194 Privileged communications
An officer who is a legal practitioner may refuse to give information or produce a document to an investigator if— the information or document is a privileged communication between the legal practitioner as such and another person; and the other person does not agree to its being given or its production; and subsection (2) does not apply. If the society to which the information or document relates is being wound-up, the legal practitioner must give the information or produce the document if the liquidator agrees to its being given or to its production. Maximum penalty—400 penalty units or 2 years imprisonment. A legal practitioner commits an offence if the practitioner— refuses to give information or produce a document to an investigator on the ground that it is a privileged communication between the legal practitioner and another person who has not agreed to its being given or to its production; and knows the name of the other person and the residential or other address at which the person might be found; and fails to comply with a request by the investigator to give the investigator the name and address in writing. Maximum penalty for subsection (3) —400 penalty units or 2 years imprisonment. (sec.194-ssec.1) An officer who is a legal practitioner may refuse to give information or produce a document to an investigator if— the information or document is a privileged communication between the legal practitioner as such and another person; and the other person does not agree to its being given or its production; and subsection (2) does not apply. (sec.194-ssec.2) If the society to which the information or document relates is being wound-up, the legal practitioner must give the information or produce the document if the liquidator agrees to its being given or to its production. Maximum penalty—400 penalty units or 2 years imprisonment. (sec.194-ssec.3) A legal practitioner commits an offence if the practitioner— refuses to give information or produce a document to an investigator on the ground that it is a privileged communication between the legal practitioner and another person who has not agreed to its being given or to its production; and knows the name of the other person and the residential or other address at which the person might be found; and fails to comply with a request by the investigator to give the investigator the name and address in writing. Maximum penalty for subsection (3) —400 penalty units or 2 years imprisonment.
- (a) the information or document is a privileged communication between the legal practitioner as such and another person; and
- (b) the other person does not agree to its being given or its production; and
- (c) subsection (2) does not apply.
- (a) refuses to give information or produce a document to an investigator on the ground that it is a privileged communication between the legal practitioner and another person who has not agreed to its being given or to its production; and