89Application to Supreme Court to determine privilege

89 Application to Supreme Court to determine privilege (1) Within 7 days after a secured item is given to the proper officer under section 88, an application to determine whether or not the item is the subject of privilege may be made to the Supreme Court: (a) for privilege other than parliamentary privilege – by the claimant or claimant's representative; or (b) for parliamentary privilege – by the ICAC. (2) An application to the Supreme Court to determine whether evidence that the ICAC has, or seeks to obtain, in order to carry out the ICAC's functions is the subject of privilege may be made by the ICAC at any time. (3) If an application is not made within 7 days, the proper officer must give the item: (a) for privilege other than parliamentary privilege – to the ICAC; or (b) for parliamentary privilege – to the Clerk. (4) Within a reasonable time before the hearing of the application: (a) for privilege other than parliamentary privilege – the claimant or claimant's representative must notify the ICAC of the application; or (b) for parliamentary privilege – the ICAC must notify the Clerk of the application. (5) The ICAC is entitled to appear and be heard on the hearing of an application.

Independent Commissioner Against Corruption Act 2017 67 (6) The Clerk is entitled to appear and be heard on the hearing of an application relating to parliamentary privilege. (7) If the proper officer gives an item to the ICAC under subsection (3)(a): (a) the claimant is taken to have authorised the ICAC to view the (b) the claimant is not to be taken to have waived privilege for any other purpose.