94Application to Supreme Court to determine privilege

94 Application to Supreme Court to determine privilege

(1) Within the relevant period specified in subsection (2), an investigating panel may apply to the Supreme Court for a determination of a claim of privilege under this Division.

(2) An application under subsection (1) must be made—

(a) in the case of a document or other thing, within 7 days after the sealed envelope or the document or other thing secured otherwise than in an envelope is given to the proper officer under section 92 or 93; or

(b) within 7 days after the person refused to provide information which is an answer to a question or otherwise required to be provided at a hearing on the basis of a claim of privilege.

(3) If no application is made under subsection (1) in relation to a document or other thing within the period of 7 days, the proper officer must return the document or other thing to the claimant.

(4) If no application is made under subsection (1) in relation to the provision of information in answer to a question or otherwise required to be provided within the period of 7 days, the requirement to answer the question or provide the information is taken to be withdrawn.

(5) An investigating panel must give notice of the application to the claimant for privilege within a reasonable time before the hearing of the application.

(6) Notice under subsection (5) must be in the prescribed form (if any).

(7) The claimant is entitled to appear and be heard on the hearing of the application.