Human Source Management Act 2023
47Deactivation or suspension—human source who provides unexpected privileged information
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47 Deactivation or suspension—human source who provides unexpected privileged information
(1) If a human source provides privileged information (other than privileged information that the human source was registered to provide)—
(a) as far as reasonably practicable, the Chief Commissioner must ensure that the privileged information is immediately quarantined; and
(i) if the Chief Commissioner considers it is still necessary to use the person as a human source, suspend the registration pending a further registration application; or
(ii) otherwise, deactivate the registration of the human source.
(2) If a human source provides privileged information in respect of which there is an exception to the privilege (other than information that the human source was registered to provide)—
(a) as far as reasonably practicable, the Chief Commissioner must ensure that the privileged information is immediately quarantined; and
(i) if the Chief Commissioner considers it is still necessary to use the person as a human source, suspend the registration pending a further registration application; or
(ii) otherwise, deactivate the registration of the human source.
(3) If a registration of a human source has been suspended under subsection (1) or (2), and a further registration application is not made within 3 months, the Chief Commissioner must deactivate the registration.
(4) This section does not apply in respect of an emergency registration unless a human source registered under an emergency registration has unexpectedly provided information which is subject to client legal privilege or information that is subject to client legal privilege in respect of which there is an exception to the privilege.