Commonwealth Consolidated Acts

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Legal Services Directions and legal professional privilege

  (1)   If a Legal Services Direction requires a person to provide any information, or produce a document or record, to another person, the person must not refuse to comply with the Direction on the ground of legal professional privilege or of any other duty of confidence.

  (2)   A person performing Commonwealth legal work (within the meaning of subsection   55ZF(3)) may provide information or produce a document or record relating to that work to the Attorney - General or to a person authorised by the Attorney - General for that purpose.

  (3)   If:

  (a)   a person provides information or produces a document or record under subsection   (2); and

  (b)   the person would, apart from this subsection, be breaching legal professional privilege or any other duty of confidence in so doing;

the person is taken, for all purposes, not to have breached legal professional privilege or the duty of confidence in so providing the information or producing the document or record.

  (4)   If a communication that is the subject of legal professional privilege is disclosed under subsection   (1) or (2), then, in spite of the disclosure, privilege is taken not to have been waived in respect of the communication.

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