Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (110 of 2024)

Schedule 4   Legal professional privilege

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

30   Section 242

Repeal the section, substitute:

242 Legal professional privilege

(1) Nothing in this Act affects the right of a person to refuse to give information (including by answering a question) or produce a document if:

(a) the information would be privileged from being given on the ground of legal professional privilege; or

(b) the document would be privileged from being produced on the ground of legal professional privilege.

(2) The fact that a person has provided a description of information or documents that may be or are privileged from being given or produced on the ground of legal professional privilege does not, of itself, amount to a waiver of the privilege.

242A Guidelines in relation to legal professional privilege

(1) The Minister may, by notifiable instrument, make guidelines in relation to making or dealing with claims or assertions of legal professional privilege in relation to information or documents required to be given under or for the purposes of this Act.

(2) Without limiting subsection (1), the guidelines may deal with the following matters:

(a) arrangements for making or dealing with claims or assertions of legal professional privilege in relation to the exercise of other powers under this Act, including the use of LPP forms;

(b) facilitating the resolution of disputes in relation to legal professional privilege.

(3) Before making guidelines under subsection (1), the Minister must consult with such persons (if any) as the Minister considers appropriate.