Part 4General provisions in relation to search, surveillance, and inspection powers
Privilege and confidentiality: Search warrants and other search powers
145Searches otherwise affecting privileged materials
This section applies if—
- a person executes a search warrant or exercises another search power; and
- he or she has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege recognised by this subpart.
If this section applies, the person responsible for executing the search warrant or other person exercising the search power—
- must provide any person who he or she believes may be able to claim a privilege recognised by this subpart a reasonable opportunity to claim it; and
- may, if the person executing the search warrant or exercising the other search power is unable to identify or contact a person who may be able to claim a privilege, or that person's lawyer, within a reasonable period,—
- apply to a Judge of the appropriate court for a determination as to the status of the thing; and
- do any thing necessary to enable that court to make that determination.
- apply to a Judge of the appropriate court for a determination as to the status of the thing; and