161Examination—claiming privilege

161 Examination—claiming privilege (1) This section applies if an examination summons directed to a person requires the person to— (a) give evidence at an examination and the person claims that the information in answer to a question at an examination or otherwise required to be given to the commission is the subject of privilege; or (b) produce a document or other thing to the commission and the person claims that the document or other thing is the subject of privilege. Note Privilege—see s 174 and s (5). (2) The claimant must attend before the commission in accordance with the examination summons. (3) The commission must consider the claim and either— (a) withdraw the requirement to answer the question, provide the information or produce the document or other thing; or (b) refuse to withdraw the requirement and, if the claim relates to a document or other thing, require the claimant to immediately secure the document or other thing (by sealing in an envelope or otherwise) and give it to the commission. (4) In considering the claim, if the claim relates to a document or other thing, the commission must not inspect the document or other thing.