Commonwealth Numbered Acts

AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 69

69. (1) This section applies where:

   (a)  under this Part, Division 3 of Part 10, or Division 2 of Part 11, 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.

(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 under official management or
        being wound up-the official manager or liquidator 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.

(3) If the lawyer so refuses, he or she shall, 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;

   (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.
Penalty: $1,000 or imprisonment for 3 months, or both.