Document ID: chunk:federal_register_of_legislation:C2004A02530:body:0:p8
Version: federal_register_of_legislation:C2004A02530
Segment Type: other
Provision Reference: 
Character Range: 18583–21236

the Principal Act.

Interpretation
22. Section 5 of the Principal Act is amended—
    (a) by adding "or" at the end of paragraph (a) of the definition of "banking corporation" in sub-section (1);
    (b) by omitting paragraph (b) of the definition of "banking corporation" in sub-section (1); and
    (c) by inserting "in right of the Commonwealth, in right of a State or in right of a Territory" after "Crown" in sub-paragraph (a) (iii) of the definition of "foreign company" in sub-section (1).
23. Section 16 of the Principal Act is repealed and the following section substituted:

Privilege
"16. (1) Where—
    (a) the Commission, or a person authorized by the Commission, makes a requirement under section 12 or 13 of a duly qualified legal practitioner in respect of a book; and
    (b) the book contains a privileged communication made by or on behalf of or to the legal practitioner in his capacity as a legal practitioner,
the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by or on behalf of whom the communication was made or, if the person is a body corporate that is under official management or in the course of being wound up, the official manager or the liquidator, as the case may be, agrees to the legal practitioner complying with the requirement but, where the legal practitioner so refuses to comply with a requirement, he shall forthwith furnish, in writing, to the Commission or authorized person—
    (c) if he 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
    (d) sufficient particulars to identify the book, or the part of the book, containing the communication.
"(2) Where—
    (a) under section 12 or 13, the Commission, or a person authorized by the Commission, requires a duly qualified legal practitioner to make a statement providing an explanation as to any matter relating to the compilation of books or as to any matter to which any books relate; and
    (b) the legal practitioner is not able to make that statement without disclosing a privileged communication made by or on behalf of or to the legal practitioner in his capacity as a legal practitioner,
the legal practitioner is entitled to refuse to comply with the requirement, except to the extent that he is able to comply with the requirement without disclosing any privileged communication referred to in paragraph (b), unless the person to whom or by or on behalf of whom the communication was made or, if the person is a body corporate that is under official management or in the course of being wound up, the official