Section 486H — Migration Act 1958 (Cth)

(1) If, in proceedings to determine whether an order under section 486F should be made:

(a) a person wishes to produce a document, record or information for the purpose of arguing why an order under section 486F should not be made; and

(b) to do so would, but for this section, deny legal professional privilege to any person entitled to claim it;

the person may produce the document, record or information for that purpose.

(2) However:

(a) the document, record or information does not cease to be subject to legal professional privilege for any other purpose, or in any other circumstances; and

(b) the court must make any orders necessary to ensure that legal professional privilege is protected for other purposes and in other circumstances.

(3) Nothing in this section prevents a person who is entitled to claim legal professional privilege in relation to the document, record or information, from waiving that privilege.

(4) In this section:

legal professional privilege includes privilege (however described) under any provision of Division 1 of Part 3.10 of the Evidence Act 1995.

Related sections

• s 486E — Obligation where there is no reasonable prospect of success
• s 486F — Cost orders
• s 486G — Person must be given reasonable opportunity to argue against costs order
• s 486I — Lawyer’s certification
• s 486J — Part does not limit other powers to order costs against third parties
• s 486K — Definitions

Research how courts apply s 486H

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