Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 22 OF 1996) - REG 3

Privileged documents

“1A. For the purposes of this Order, a document is privileged from production only if it is—

        (a)     a document of which evidence could not be adduced, or could not be adduced over the objection of any person, by reason of the operation of Part 3.10 (other than sections 128 and 130) of the Evidence Act 199 5 of the Commonwealth;

        (b)     if the party who would otherwise give discovery is a natural person—a document the contents of which may tend to prove that the party—

              (i)     has committed an offence against or arising under an Australian law or a law of a foreign country; or

              (ii)     is liable to a civil penalty;

within the meaning of subsection 128 (1) of that Act; or

        (c)     a document that relates to matters of state within the meaning of section 130 of that Act unless the court decides that it has ceased to be privileged from production.”.

Substitution