ASSOCIATIONS INCORPORATION ACT 1985 - SECT 13

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 13

13—Privileged communications

        (1)         Where—

            (a)         an authorised person makes a requirement under this Division 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 the legal practitioner, or to the legal practitioner, in his or her capacity as such,

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 agrees to the legal practitioner complying with the requirement but, where the legal practitioner so refuses to comply with a requirement, he or she must immediately furnish, in writing, to the authorised person—

            (c)         if he or she 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.

Maximum penalty: $5 000.

        (2)         Where—

            (a)         an authorised person, acting in pursuance of this Division, 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 any 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 the legal practitioner, or to the legal practitioner, in his or her capacity as such,

the legal practitioner is entitled to refuse to comply with the requirement, except to the extent that he or she 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 agrees to the legal practitioner complying with the requirement but, where the legal practitioner so refuses to comply with a requirement, he or she must immediately furnish, in writing, to the authorised person—

            (c)         if he or she 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.

Maximum penalty: $5 000.