#### 5 James Hardie material still taken to be privileged for certain purposes (1) If, apart from section 4, James Hardie material would have been privileged from production in legal proceedings for the purposes of: (a) subsection 42(1) of the Freedom of Information Act 1982; or (b) subsection 33(2) of the Archives Act 1983; then, for the purposes of that subsection, that material is taken still to be privileged from production in legal proceedings. (2) If, apart from section 4, James Hardie material would have been privileged from being disclosed or produced in legal proceedings for the purposes of subsection 197(2) of the Proceeds of Crime Act 2002, then, for the purposes of that subsection, that material is taken still to be privileged from being disclosed or produced in legal proceedings.

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Section 5 - James Hardie (Investigations and Proceedings) Act 2004 - James Hardie material still taken to be privileged for certain purposes — Zoe