Document ID: chunk:federal_register_of_legislation:C2024A00099:clause:1_41be
Version: federal_register_of_legislation:C2024A00099
Segment Type: clause
Provision Reference: sch 1 cl 41BE
Character Range: 17130–18142

41BE  Legal professional privilege
 (1) The fact that an entity provided information to ASD, as referred to in paragraph 41BA(2)(a), does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information in any proceedings:
 (a) under any Commonwealth, State or Territory law (including the common law); or
 (b) before a tribunal of the Commonwealth, a State or a Territory.
 (2) Despite subsection (1), this section does not apply to the following:
 (a) the proceedings of a coronial inquiry or a Royal Commission in Australia;
 (b) proceedings in a federal court exercising original jurisdiction in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.
Note: For federal court, see section 2B of the Acts Interpretation Act 1901.
 (3) This section does not limit or affect any right, privilege or immunity that the impacted entity has, apart from this section, as a defendant in any proceedings.