Document ID: chunk:federal_register_of_legislation:C2007A00116:clause:1_126d
Version: federal_register_of_legislation:C2007A00116
Segment Type: clause
Provision Reference: sch 1 cl 126D
Character Range: 6374–7115

126D  Loss of professional confidential relationship privilege: misconduct

 (1) This Division does not prevent the adducing of evidence of a communication made or the contents of a document prepared in the furtherance of the commission of a fraud or an offence or the commission of an act that renders a person liable to a civil penalty.

 (2) For the purposes of this section, if the commission of the fraud, offence or act is a fact in issue and there are reasonable grounds for finding that:
 (a) the fraud, offence or act was committed; and
 (b) a communication was made or document prepared in furtherance of the commission of the fraud, offence or act;
the court may find that the communication was so made or document so prepared.