118Legal professional privilege

118 Legal professional privilege

(1) This section applies if: (a) under this Act, a person requires a lawyer: (i) to give information; or (ii) to produce a book; and (b) giving the information would involve disclosing, or the book contains, as the case may be, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer. (2) The lawyer is entitled to refuse to comply with the requirement unless: (a) if the person to whom, or by or on behalf of whom, the communication was made is a body corporate that is under administration or is being wound up—the administrator or liquidator of the body; or (b) otherwise—the person to whom, or by or on behalf of whom, the communication was made; consents to the lawyer complying with the requirement. (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out: (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the book, or the part of the book, containing the communication. (4) A person who intentionally or recklessly contravenes this section commits an offence punishable on conviction by a fine not exceeding 30 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.