Document ID: chunk:federal_register_of_legislation:C2025C00148:section:89
Version: federal_register_of_legislation:C2025C00148
Segment Type: section
Provision Reference: s 89
Character Range: 135390–136992

89  Legal professional privilege
 (1) This section applies if:
 (a) under this Act, a person requires a lawyer;
 (i) to give information; or
 (ii) to produce a book, account or document; and
 (b) either:
 (i) giving the information would involve disclosing; or
 (ii) the book, account or document contains;
  a privileged communication made by, or on behalf of or to the lawyer in their capacity as a lawyer.
 (2) The lawyer is entitled to refuse to comply with the requirement unless:
 (a) if the person to whom, or by or on behalf of whom, the communication was made is a body corporate that is under administration or is being wound up—the administrator or the liquidator of the body; or
 (b) otherwise—the person to whom, or by or on behalf of whom, the communication was made;
consents to the lawyer complying with the requirement.
 (3) If the lawyer so refuses, they must, as soon as practicable, give to the person who made the requirement a written notice setting out:
 (a) if the lawyer knows the name of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and
 (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and
 (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the book, account or document, or the part of the book, account or document, containing the communication.
 (4) A person commits an offence if the person refuses or fails to comply with a requirement under this section.
Penalty: 30 penalty units.