Australian Capital Territory Current Acts

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EVIDENCE ACT 2011 - SECT 126D

Loss of professional confidential relationship privilege—misconduct

    (1)     This division does not prevent the presenting of evidence of a communication made or the contents of a document prepared in the furtherance of the commission of a fraud or an offence or the commission of an act that renders a person liable to a civil penalty.

    (2)     For this section, if the commission of the fraud, offence or act is a fact in issue and there are reasonable grounds for finding that—

        (a)     the fraud, offence or act was committed; and

        (b)     a communication was made or document prepared in furtherance of the commission of the fraud, offence or act;

the court may find that the communication was made or the document was prepared as mentioned in paragraph (b).



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