56Claims of privilege

#### 56 Claims of privilege 56 Claims of privilege > > (1) If, under a notice to produce documents, an authorised deposit-taking institution claims that documents required to be produced contain communications between the institution and someone else that may not, in proceedings, be adduced under Division 1, 1A or 3 of Part 3.10 of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), the police officer must, if the police officer proposes to proceed to enforce the notice, as soon as reasonably practicable, apply to a Judge of the Local Court for an order for access to the documents. > > > (2) The judge may, on application made under this section in respect of a document, make one of the following orders— > > > > > (a) that the police officer be given access to the document, > > > > > (b) that the documents be given to the police officer and copied by the police officer and the original document be returned to the authorised deposit-taking institution, > > > > > (c) that the document is not required to be produced by the authorised deposit-taking institution. > > > (3) If an order is made under subsection (2)(b)— > > > > > (a) a police officer is authorised, if the document is in electronic form, to produce a hard copy of the information contained in the document, and > > > > > (b) the order may include a condition that the document must, on the request of a police officer, be produced to a court hearing a proceeding for an offence for which the document is to be used as evidence. > > **s 56:** Am 2025 No 61, Sch 2.58\[4\] \[5\].