88Privilege claims generally

88 Privilege claims generally (1) This section applies: (a) if, for privilege other than parliamentary privilege: (i) an authorised officer wishes to inspect, copy or seize an item or require a person searched to surrender an item; and (ii) a claimant or claimant's representative claims the item is the subject of privilege; or (b) as mentioned in section 87(2). (2) The authorised officer must consider the claim of privilege and either: (a) cease exercising the power in relation to the item over which the claim of privilege is made; or (b) if the authorised officer believes on reasonable grounds the item may not be the subject of privilege – require the claimant or claimant's representative to immediately seal the item in an envelope, or otherwise secure the item if it cannot be sealed in an envelope, and give the secured item to the officer. (3) The authorised officer must not inspect the item in considering the claim of privilege but may copy the item if it is in electronic form as long as copying the item does not disclose any part of the item that may be privileged to the officer or another person not entitled to view that part of the item. (4) If the authorised officer requires the claimant to give the secured item to the officer under subsection (2)(b), the officer must: (a) notify the ICAC as soon as reasonably practicable; and

Independent Commissioner Against Corruption Act 2017 66 (b) as soon as reasonably practicable, give the secured item to the proper officer to be held in safe custody. (5) Subject to section 90, a person must not open a sealed envelope, or otherwise interfere with a secured item, before delivery to the proper officer. (6) Despite subsection (2)(b), the authorised officer must not require the claimant to give the secured item to the officer under that subsection unless the officer gives the claimant or claimant's representative a reasonable opportunity to accompany the officer in giving the item to the proper officer.