MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 42 Application to County Court or Supreme Court to determine legal professional privilege
MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 42
Application to County Court or Supreme Court to determine legal professional privilegeS. 42(1) amended by No. 3/2009 s. 9(1)(e)(f).
(1) Within 7 days after the Chief Examiner gives a sealed document or other thing to the proper officer of the County Court or the Supreme Court in accordance with section 41, the Chief Examiner may apply to that Court to determine whether or not the document or thing is the subject of legal professional privilege.
S. 42(2) amended by No. 3/2009 s. 9(1)(g).
(2) If no application is made under subsection (1) within the period of 7 days, the proper officer having safe custody of the sealed document or other thing must return the document or thing to the claimant for legal professional privilege.
(3) The Chief Examiner must give notice in the prescribed form of the application to the claimant for legal professional privilege a reasonable time before the hearing of the application.
(4) The claimant is entitled to appear and be heard on the hearing of the application.
S. 42(5) amended by No. 3/2009 s. 9(1)(h)(i).
(5) The County Court or the Supreme Court, as the case may be, must determine whether or not the sealed document or other thing is the subject of legal professional privilege and for that purpose the judge (not being an associate judge) and any other person authorised by the Court may open and inspect the sealed document or other thing.
S. 42(6) amended by No. 3/2009 s. 9(1)(g)(j).
(6) If the County Court or the Supreme Court, as the case may be, determines that the sealed document or other thing is the subject of legal professional privilege, the Court must order that the document or other thing be returned to the claimant and the proper officer of the Court who has safe custody of the document or thing must return it to the claimant.
S. 42(7) amended by No. 3/2009 s. 9(1)(g)(j).
(7) If the County Court or the Supreme Court, as the case may be, determines that the sealed document or other thing is not the subject of legal professional privilege, the Court must order that the document or thing be given to the Chief Examiner and the proper officer having safe custody of the document or thing must release it accordingly.
(8) Subject to subsection (5), a person must not open a sealed document or other thing or otherwise have access to the document or thing before—
S. 42(8)(a) amended by No. 3/2009 s. 9(1)(j).
(a) the County Court or the Supreme Court, as the case may be, determines the claim of legal professional privilege; or
(b) the document or thing is returned to the claimant.
Penalty: 120 penalty units or imprisonment for 12 months or both.
S. 42(9) inserted by No. 3/2009 s. 9(2).
(9) Section 41 and this section as in force immediately before the commencement of section 9 of the Major Crime Legislation Amendment Act 2009 continue to apply to—
(a) any application made to the Magistrates' Court under this section before that commencement; and
(b) any document or thing given to the registrar of the Magistrates' Court under section 41 before that commencement.