145 Searches otherwise affecting privileged materials

(1)

This section applies if—

(a)

a person executes a search warrant or exercises another search power; and

(b)

he or she has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege recognised by this subpart.

(2)

If this section applies, the person responsible for executing the search warrant or other person exercising the search power—

(a)

must provide any person who he or she believes may be able to claim a privilege recognised by this subpart a reasonable opportunity to claim it; and

(b)

may, if the person executing the search warrant or exercising the other search power is unable to identify or contact a person who may be able to claim a privilege, or that person’s lawyer, within a reasonable period,—

(i)

apply to a Judge of the appropriate court for a determination as to the status of the thing; and

(ii)

do any thing necessary to enable that court to make that determination.