ASSOCIATIONS INCORPORATION ACT 1991 - SECT 104 Inspection of books held by lawyer

ASSOCIATIONS INCORPORATION ACT 1991 - SECT 104

    (1)     If—

        (a)     the registrar-general, under section 103, requires a lawyer to produce a book or to make a statement in relation to a book; and

        (b)     the book contains a privileged communication made by or on behalf of, or to, the lawyer;

the lawyer may refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made (the third party ) consents to the lawyer's compliance with the requirement.

    (2)     If a lawyer refuses to comply with a requirement in relation to a book containing a privileged communication, the lawyer must immediately—

        (a)     give the registrar-general who made the requirement, in writing—

              (i)     if the name and address of the third party are known to the lawyer—that name and address; and

              (ii)     sufficient particulars to identify the book or part of the book containing the communication; and

        (b)     if, under section 103 (2) (a) (ii), the lawyer was required to make an explanatory statement—comply with the requirement to the extent that it is possible to comply without disclosing the communication.