sec.87ZISelf-incrimination and legal professional privilege

### sec.87ZI Self-incrimination and legal professional privilege This section applies to a person who is an investigated person or an associated person for an investigated person if the person is required to answer a question put to the person by an investigator or produce a document to an investigator. The person is not excused from failure to comply with the requirement on the basis that complying— might tend to incriminate the person or expose the person to a penalty; or in the case of an investigated person mentioned in section 87ZC (2) or an associated person for an investigated person mentioned in section 87ZC (2) , would disclose a privileged client communication. The investigator must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the requirement even though complying— might tend to incriminate the person or expose the person to a penalty; or would disclose a privileged client communication; and if the person is an individual—under section 87ZQ , there is a limited immunity against the future use of the information or document given in compliance with the requirement. If the person is an individual and the individual fails to comply with the requirement when the investigator has failed to comply with subsection (3) , the individual may not be convicted of the offence against section 87ZH (1) . If, in complying with a requirement made under section 87ZH , the person discloses a privileged client communication— the person is taken for all purposes not to have breached legal professional privilege in complying with the requirement; and the disclosure does not constitute a waiver of legal professional privilege or otherwise affect any claim of legal professional privilege for any purpose other than a proceeding for an offence against section 36A , 36D , 36E , 37AB , 39A , 41A , 74 (1) or (2) or 75 . In this section— privileged client communication means communication protected against disclosure by legal professional privilege that operates for the benefit of a client of an investigated person. s 87ZI ins 2019 No. 36 s 25 (sec.87ZI-ssec.1) This section applies to a person who is an investigated person or an associated person for an investigated person if the person is required to answer a question put to the person by an investigator or produce a document to an investigator. (sec.87ZI-ssec.2) The person is not excused from failure to comply with the requirement on the basis that complying— might tend to incriminate the person or expose the person to a penalty; or in the case of an investigated person mentioned in section 87ZC (2) or an associated person for an investigated person mentioned in section 87ZC (2) , would disclose a privileged client communication. (sec.87ZI-ssec.3) The investigator must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the requirement even though complying— might tend to incriminate the person or expose the person to a penalty; or would disclose a privileged client communication; and if the person is an individual—under section 87ZQ , there is a limited immunity against the future use of the information or document given in compliance with the requirement. (sec.87ZI-ssec.4) If the person is an individual and the individual fails to comply with the requirement when the investigator has failed to comply with subsection (3) , the individual may not be convicted of the offence against section 87ZH (1) . (sec.87ZI-ssec.5) If, in complying with a requirement made under section 87ZH , the person discloses a privileged client communication— the person is taken for all purposes not to have breached legal professional privilege in complying with the requirement; and the disclosure does not constitute a waiver of legal professional privilege or otherwise affect any claim of legal professional privilege for any purpose other than a proceeding for an offence against section 36A , 36D , 36E , 37AB , 39A , 41A , 74 (1) or (2) or 75 . (sec.87ZI-ssec.6) In this section— privileged client communication means communication protected against disclosure by legal professional privilege that operates for the benefit of a client of an investigated person. - (a) might tend to incriminate the person or expose the person to a penalty; or - (b) in the case of an investigated person mentioned in section 87ZC (2) or an associated person for an investigated person mentioned in section 87ZC (2) , would disclose a privileged client communication. - (a) the person must comply with the requirement even though complying— (i) might tend to incriminate the person or expose the person to a penalty; or (ii) would disclose a privileged client communication; and - (i) might tend to incriminate the person or expose the person to a penalty; or - (ii) would disclose a privileged client communication; and - (b) if the person is an individual—under section 87ZQ , there is a limited immunity against the future use of the information or document given in compliance with the requirement. - (i) might tend to incriminate the person or expose the person to a penalty; or - (ii) would disclose a privileged client communication; and - (a) the person is taken for all purposes not to have breached legal professional privilege in complying with the requirement; and - (b) the disclosure does not constitute a waiver of legal professional privilege or otherwise affect any claim of legal professional privilege for any purpose other than a proceeding for an offence against section 36A , 36D , 36E , 37AB , 39A , 41A , 74 (1) or (2) or 75 .