This Part does not compel disclosure or authorise taking from any person a record that the person may refuse to produce on the grounds of legal professional privilege ("privileged legal material"). Privileged legal material may be taken where the material is freely provided. An authorised officer or an adjudication officer may, notwithstanding that a record is apprehended to be privileged, compel disclosure or take possession provided the privilege asserted can be maintained against the person compelling disclosure or taking possession pending a High Court determination under subsections (4) or (6).

Where disclosure or possession is compelled in accordance with subsection (2), the person who compelled disclosure or took possession must apply to the High Court within 30 days for a determination unless an application under subsection (6) has already been made; the person compelled may apply under subsection (6). Pending final determination the High Court may direct preservation of the record in a safe and secure place, appoint a suitably qualified independent legal person to examine the record and prepare a report, and order that proceedings be heard otherwise than in public.