Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Paragraph 196(1)(b) or (c) does not apply if, under:
(a) a law of the Commonwealth; or
(b) a law of the State or Territory in which the * examination takes place;
the person could not, in proceedings before a court, be compelled to answer the question or produce the document.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code .
(2) However, paragraph 196(1)(b) or (c) applies if the only reason or reasons why the person could not be so compelled are one or more of the following:
(a) answering the question or producing the document would tend to incriminate the person or to expose the person to a penalty;
(b) the answer would be privileged from being disclosed, or the document would be privileged from being produced, in legal proceedings on the ground of * legal professional privilege;
(ba) the answer would be privileged from being disclosed, or the document would be privileged from being produced, in legal proceedings on the ground of * professional confidential relationship privilege;
(c) the answer or document would, under a law of the Commonwealth, a State or a Territory relating to the law of evidence, be inadmissible in legal proceedings for a reason other than because:
(i) the answer would be privileged from being disclosed; or
(ii) the document would be privileged from being produced.
(3) To avoid doubt, the following are not reasons why a person cannot, in proceedings before a court, be compelled to answer a question or produce a document:
(a) the person is contractually obliged not to disclose information, and answering the question or producing the document would disclose that information;
(b) the person is obliged under a law of a foreign country not to disclose information, and answering the question or producing the document would disclose that information.