Document ID: chunk:federal_register_of_legislation:C2006A00052:clause:1_6ab
Version: federal_register_of_legislation:C2006A00052
Segment Type: clause
Provision Reference: sch 1 cl 6AB
Character Range: 6051–7721

6AB  Offences relating to claims for legal professional privilege

 (1) A person commits an offence if:
 (a) the person had refused or failed to produce a document as required by a member of a Commission under section 2; and
 (b) the member of the Commission has decided under subsection 6AA(2) to reject a claim that the document (or the relevant part of the document) is subject to legal professional privilege; and
 (c) the person refuses or fails to produce the document as the member of the Commission requires, after that decision, under section 2.

Penalty: $1,000 or imprisonment for 6 months.

 (2) A person commits an offence if the person refuses or fails to produce a document that the person was required under subsection 6AA(3) to produce for inspection.

Penalty: $1,000 or imprisonment for 6 months.

 (3) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4) Subsections (1) and (2) do not apply if the person has a reasonable excuse.

 (5) It is not a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless a court has found the document to be subject to legal professional privilege.

 (6) It is a defence to a prosecution for an offence against this section constituted by a refusal or failure to produce a document if the document was not relevant to the matters into which the Commission was inquiring.

Note: A defendant bears an evidential burden in relation to the matters in subsections (4) and (6) (see subsection 13.3(3) of the Criminal Code).