Commonwealth Numbered Acts

Companies and Securities Legislation (Miscellaneous Amendments) Act 1981 No. 153 of 1981 - SECT 9

9. Section 11 of the Principal Act is repealed and the following section
substituted: Privilege

''11. (1) Where-

   (a)  the Commission, or a person authorized by the Commission, makes a
        requirement under section 8 or 9 of a duly qualified legal
        practitioner in respect of a book; and

   (b)  the book contains a privileged communication made by or on behalf of
        or to the legal practitioner in his capacity as a legal practitioner,
        the legal practitioner is entitled to refuse to comply with the
        requirement unless the person to whom or by or on behalf of whom the
        communication was made or, if the person is a body corporate that is
        under official management or is in the course of being wound up, the
        official manager or the liquidator, as the case may be, agrees to the
        legal practitioner complying with the requirement but, where the legal
        practitioner so refuses to comply with a requirement, he shall
        forthwith furnish, in writing, to the Commission or authorized person-

   (c)  if he 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

   (d)  sufficient particulars to identify the book, or the part of the book,
        containing the communication.

''(2) Where-

   (a)  under section 8 or 9, the Commission, or a person authorized by the
        Commission, requires a duly qualified legal practitioner to make a
        statement providing an explanation as to any matter relating to the
        compilation of books or as to any matter to which books relate; and

   (b)  the legal practitioner is not able to make that statement without
        disclosing a privileged communication made by or on behalf of or to
        the legal practitioner in his capacity as a legal practitioner, the
        legal practitioner is entitled to refuse to comply with the
        requirement, except to the extent that he is able to comply with the
        requirement without disclosing any privileged communication referred
        to in paragraph (b), unless the person to whom or by or on behalf of
        whom the communication was made or, if the person is a body corporate
        that is under official management or is in the course of being wound
        up, the official manager or the liquidator, as the case may be, agrees
        to the legal practitioner complying with the requirement but, where
        the legal practitioner so refuses to comply with a requirement, he
        shall forthwith furnish, in writing, to the Commission or authorized
        person-

   (c)  if he 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

   (d)  if the communication was made in writing-sufficient particulars to
        identify the document containing the communication.

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