7Use of transferred records

7 Use of transferred records

7 Use of transferred records

The provision or making available of a record to ASIC, or giving of possession or custody by ASIC to the ACCC or any other person, under this Part operates, by force of this section, to prevent any person from objecting to the use by ASIC, the ACCC or other person of the record, or the disclosure of any matter contained in the record to ASIC, the ACCC or other person, on the following grounds:

(a) that the record is or contains a privileged communication passing between a legal practitioner (in his or her capacity as a legal practitioner) and a person for the purpose of providing or receiving legal professional services or that the use or disclosure of the record or any matter contained in it would be a breach of an express or implied obligation (whether or not arising under law) not to disclose the record or matter,

(b) that the record was produced to the James Hardie Special Commission of Inquiry under compulsion of law.

s 7: Am 2004 No 90, Sch 1 [3] [4].