MIGRATION ACT 1958 - SECT 486H Limited waiver of legal professional privilege
MIGRATION ACT 1958 - SECT 486H
Limited waiver of legal professional privilege(1) If, in proceedings to determine whether an order under section 486F should be made:
(a) a person wishes to produce a document, record or information for the purpose of arguing why an order under section 486F should not be made; and
(b) to do so would, but for this section, deny legal professional privilege to any person entitled to claim it;
the person may produce the document, record or information for that purpose.
(a) the document, record or information does not cease to be subject to legal professional privilege for any other purpose, or in any other circumstances; and
(b) the court must make any orders necessary to ensure that legal professional privilege is protected for other purposes and in other circumstances.
(3) Nothing in this section prevents a person who is entitled to claim legal professional privilege in relation to the document, record or information, from waiving that privilege.
"legal professional privilege" includes privilege (however described) under
any provision of Division 1 of Part 3.10 of the
Evidence Act 1995 .