Document ID: chunk:federal_register_of_legislation:C2019C00210:section:15
Version: federal_register_of_legislation:C2019C00210
Segment Type: section
Provision Reference: s 15
Character Range: 16591–17801

15  Legal professional privilege
 (1) This section applies where:
 (a) under this Act, a person requires a lawyer to give information or produce a document; and
 (b) giving the information or producing the document would involve disclosing 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 being wound up—the 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 the communication was made in writing—sufficient particulars to identify the document containing the communication.
Penalty for a contravention of this subsection: 15 penalty units.