Document ID: chunk:federal_register_of_legislation:C2007A00116:clause:1_126f
Version: federal_register_of_legislation:C2007A00116
Segment Type: clause
Provision Reference: sch 1 cl 126F
Character Range: 7649–8735

126F  Application of Division

 (1) This Division does not apply in relation to a proceeding the hearing of which began before the commencement of this Division.

 (2) This Division applies in relation to a protected confidence within the meaning of this Division whether made before or after the commencement of this Division.

Note: The NSW Act includes a subsection (3) relating to sexual assault communications privilege.

 (4) The court may give a direction under this Division in respect of a protected confidence or protected identity information whether or not the protected confidence or protected identity information is privileged under another section of this Part or would be so privileged except for a limitation or restriction imposed by that section.

Note: Subsection 69ZX(4) and section 100C of the Family Law Act 1975 have the effect of modifying this Division as it applies to certain proceedings under that Act.

 (5) In this section:

commencement of this Division means the commencement of Schedule 1 to the Evidence Amendment (Journalists' Privilege) Act 2007.