Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Institutional arrangements and miscellaneous provisions - Miscellaneous provisions - Resolution of disputes about privilege

159A: Procedure for testing assertions that document privileged

You could also call this:

"How a judge decides if a document is private"

Illustration for Anti-Money Laundering and Countering Financing of Terrorism Act 2009

You can ask a District Court Judge to decide if a document is privileged. This happens when someone refuses to share information because they think it is privileged under section 132(4), 133(5), or 143(3). The Judge can ask to see the document to make a decision.

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Part 4Institutional arrangements and miscellaneous provisions
Miscellaneous provisions: Resolution of disputes about privilege

159AProcedure for testing assertions that document privileged

  1. If any person refuses to disclose any information or document on the grounds that it is a privileged communication and that section 132(4), 133(5), or 143(3) applies, the Commissioner, an AML/CFT supervisor, or that person may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid.

  2. For the purposes of determining that application, the District Court Judge may require the information or document to be produced to the District Court Judge.

Notes
  • Section 159A: inserted, on , by section 64 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).