Part 4—Coordination of significant cyber security incidents
Read this container onlyDivision 3—Protection of information
Read this container only41 Legal professional privilege
- (1) The fact that an entity provided information to the National Cyber Security Coordinator under subsection 35(2), or as referred to in subsection 39(1), does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information in any proceedings:
- (a) under any Commonwealth, State or Territory law (including the common law); or
- (b) before a tribunal of the Commonwealth, a State or a Territory.
- (2) Despite subsection (1), this section does not apply to the following:
- (a) the proceedings of a coronial inquiry or a Royal Commission in Australia;
- (b) proceedings in a federal court exercising original jurisdiction in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.
Note: For federal court, see section 2B of the Acts Interpretation Act 1901.
- (3) This section does not limit or affect any right, privilege or immunity that the entity has, apart from this section, as a defendant in any proceedings.