Document ID: chunk:federal_register_of_legislation:C2004A02473:body:0:p4
Version: federal_register_of_legislation:C2004A02473
Segment Type: other
Provision Reference: 
Character Range: 7289–10014

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 is 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, if he knows the name and address of the person to whom or by or on behalf of whom the communication was made, forthwith furnish that name and address in writing to the Commission or authorized person.
    Penalty: $1,000 or imprisonment for 3 months, or both.".

Disclosure to Commission
11. Section 12 of the Principal Act is amended—
    (a) by omitting from sub-section (3d) "setting out the terms of sub-section (3C)";
    (b) by omitting from sub-section (5) "$5,000 or imprisonment for 1 year" and substituting "$10,000 or imprisonment for 2 years"; and
    (c) by adding at the end thereof the following sub-section:
    "(8) A person shall not be subject to any liability by reason that the person complies with a requirement made or purporting to have been made under this section.".

Conduct of investigations
12. Section 17 of the Principal Act is amended by omitting from sub-section (9) "signed by a member of the Commission, by a delegate of the Commission or by a person authorized by a delegate of the Commission to sign the certificate" and substituting "by the Commission".

Powers of inspectors
13. Section 19 of the Principal Act is amended—
    (a) by omitting from paragraph (8) (b) "to the extent that the inspector permits" and substituting "at such times during the examination as the inspector determines"; and
    (b) by inserting after sub-section (12) the following sub-sections:
    "(12a) Where, in the opinion of an inspector, a legal practitioner acting for a prescribed person is attempting to obstruct the examination of the prescribed person by the exercise of the rights conferred on him under sub-section (8) to address the inspector or to examine the prescribed person, the inspector may require the legal practitioner to cease to address him or to cease to examine the prescribed person, as the case may be.
    "(12b) Where an inspector makes