Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:9_110zhe
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 9 cl 110ZHE
Character Range: 520191–522262

110ZHE  Offences relating to claims for legal professional privilege

Offences
 (1) A person commits an offence if:
 (a) the person has failed to give information or a statement, or produce a document or thing as required by the Commissioner under section 110ZGC; and
 (b) the Commissioner has decided under subsection 110ZHD(2) to reject a claim that the information or statement, document or thing (or the relevant part of the information, statement, document or thing) is subject to legal professional privilege; and
 (c) the person fails to give the information or statement, or produce the document or thing as the Commissioner requires, after that decision, under section 110ZGC.
Penalty: Imprisonment for 2 years.
 (2) A person commits an offence if:
 (a) the person is required under subsection 110ZHD(3) to give information or a statement, or produce a document or thing for inspection; and
 (b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.

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

Legal professional privilege
 (4) It is not a reasonable excuse for the purposes of subsection (3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless a court has found the information, statement, document or thing to be subject to legal professional privilege.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

Defence of relevance
 (5) It is a defence to a prosecution for an offence against this section constituted by a failure to give information or a statement, or produce a document or thing, if the information, statement, document or thing is not relevant to the matters into which the Commissioner is inquiring.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection 13.3(3) of the Criminal Code.