Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 486H

Limited waiver of legal professional privilege

  (1)   If, in proceedings to determine whether an order under section   486F should be made:

  (a)   a person wishes to produce a document, record or information for the purpose of arguing why an order under section   486F should not be made; and

  (b)   to do so would, but for this section, deny legal professional privilege to any person entitled to claim it;

the person may produce the document, record or information for that purpose.

  (2)   However:

  (a)   the document, record or information does not cease to be subject to legal professional privilege for any other purpose, or in any other circumstances; and

  (b)   the court must make any orders necessary to ensure that legal professional privilege is protected for other purposes and in other circumstances.

  (3)   Nothing in this section prevents a person who is entitled to claim legal professional privilege in relation to the document, record or information, from waiving that privilege.

  (4)   In this section:

"legal professional privilege" includes privilege (however described) under any provision of Division   1 of Part   3.10 of the Evidence Act 1995 .


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