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BIOSECURITY REGULATION 2016 - REG 102 Legal professional privilege

BIOSECURITY REGULATION 2016 - REG 102

Legal professional privilege

  (1)   Information or a document that was given to the Inspector - General for the purposes of a review must not be made publicly available, or included in a review report, if the information or document is:

  (a)   the subject of legal professional privilege; or

  (b)   derived from information or a document that is the subject of legal professional privilege.

  (2)   Despite subsection   (1), the Inspector - General may include in information or a document that is made publicly available, or in a review report, a statement:

  (a)   that legal advice contained in information or a document that was given to the Inspector - General for the purposes of a review was considered in the course of the review; and

  (b)   outlining, in general terms, the relevance of that advice, or of any aspect of it, to the review.

  (3)   If a statement relating to legal advice is included in information or a document, or a review report, under subsection   (2), the advice does not cease to be the subject of legal professional privilege merely because:

  (a)   the statement is included in the information or document or review report; or

  (b)   in the case of a statement that is included in a review report:

  (i)   the report is given to the Director of Biosecurity or the Agriculture Minister; or

  (ii)   the report is published under subsection   97(4).