New South Wales Consolidated Acts

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Claims of privilege

56 Claims of privilege

(1) If, under a notice to produce documents, an authorised deposit-taking institution claims that documents required to be produced contain communications between the institution and someone else that may not, in proceedings, be adduced under Division 1, 1A or 3 of Part 3.10 of the Evidence Act 1995 , the police officer must, if the police officer proposes to proceed to enforce the notice, as soon as reasonably practicable, apply to a Magistrate for an order for access to the documents.
(2) A Magistrate may, on application made under this section in respect of a document, make one of the following orders--
(a) that the police officer be given access to the document,
(b) that the documents be given to the police officer and copied by the police officer and the original document be returned to the authorised deposit-taking institution,
(c) that the document is not required to be produced by the authorised deposit-taking institution.
(3) If an order is made under subsection (2)(b)--
(a) a police officer is authorised, if the document is in electronic form, to produce a hard copy of the information contained in the document, and
(b) the order may include a condition that the document must, on the request of a police officer, be produced to a court hearing a proceeding for an offence for which the document is to be used as evidence.

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