MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 41 Procedure for determining claims of legal professional privilege

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 41

    (1)     If a person claims at an examination or on production of a document or other thing before the Chief Examiner that the document or thing is the subject of legal professional privilege, the procedure set out in this section applies.

    (2)     The claimant must attend before the Chief Examiner in accordance with the witness summons.

    (3)     The Chief Examiner must consider the claim of privilege and either—

        (a)     withdraw the requirement to produce the document or other thing in relation to which the claim is made; or

S. 41(3)(b) amended by No. 3/2009 s. 9(1)(a).

        (b)     apply to the County Court or the Supreme Court in accordance with section 42 for determination of the claim of privilege.

    (4)     The Chief Examiner must not inspect the document or other thing in considering the claim of privilege and may not make an authorisation under section 47.

    (5)     If the Chief Examiner does not withdraw the requirement to produce the document or other thing in relation to which the claim of privilege is made, the Chief Examiner must require the claimant to seal the document or other thing immediately, and give it to the Chief Examiner.

S. 41(6) amended by No. 3/2009 s. 9(1)(b).

    (6)     As soon as practicable and in any event within 3 days after the sealing of the document or other thing, the Chief Examiner must give the sealed document or other thing, or cause it to be given, to the proper officer of the County Court or the Supreme Court to be held in safe custody.

S. 41(7) amended by No. 3/2009 s. 9(1)(c).

    (7)     A person must not open a sealed document or other thing prior to delivery to the County Court or the Supreme Court.

S. 42 (Heading) amended by No. 3/2009 s. 9(1)(d).