Document ID: chunk:federal_register_of_legislation:C2006A00052:clause:1_6aa
Version: federal_register_of_legislation:C2006A00052
Segment Type: clause
Provision Reference: sch 1 cl 6AA
Character Range: 3941–6051

6AA  Legal professional privilege

 (1) It is not a reasonable excuse for the purposes of subsection 3(2B) or (5) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless:
 (a) a court has found the document (or the relevant part of the document) to be subject to legal professional privilege; or
 (b) a claim that the document (or the relevant part of the document) is subject to legal professional privilege has been made, to the member of the Commission who required production of the document:
 (i) within the time that the member of the Commission, in requiring production of the document, allowed for its production; or
 (ii) within such further time as the member of the Commission allows for production of the document.

 (2) If such a claim is made, the member of the Commission who required production of the document may decide whether to accept or reject the claim.

 (3) The member of the Commission may, by written notice served (as prescribed) on a person, require the person to produce the document for inspection (by the member of the Commission or a person authorised by the member of the Commission) for the purpose of deciding whether to accept or reject the claim.

 (4) If the document has been produced for inspection and the member of the Commission decides to accept the claim, the Commission must:
 (a) return the document to the person; and
 (b) disregard, for the purposes of any report or decision that the Commission makes:
 (i) if the claim is accepted in relation to the whole document—the whole document; or
 (ii) if the claim is accepted in relation to a part of the document—that part of the document.

 (5) If the document has been produced for inspection and the member of the Commission decides to reject the claim, the Commission may use the document for the purposes of the inquiry.

 (6) Without limiting subsections (3) and (5), the powers of a member of a Commission, or a Commission, under section 2 apply, by force of this subsection, in relation to deciding whether to accept or reject the claim.