National Consumer Credit Protection Act 2009
View history note
Hide history noteThis section applies if:
(a) under this Chapter, a person requires a lawyer:
(i) to give information; or
(ii) to produce a book; and
(b) giving the information would involve disclosing, or the book contains, as the case may be, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.
296(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 being wound up - the liquidator (within the meaning of section 9 of the Corporations Act 2001 ) 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.
296(3)
If the lawyer so refuses, he or she 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 and address 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, or the part of the book, containing the communication.
Criminal penalty: 3 months imprisonment.
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