(1) A person who has a privilege recognised by this subpart makes a claim of privilege (being a privilege recognised by this subpart) in respect of any surveillance has the right—
(a) to prevent, to the extent that it is reasonably practicable to do so, the surveillance under this Act of any communication or information to which the privilege would apply if it were sought to be disclosed in a proceeding proceeding, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld:
(b) if the claim to privilege is upheld, to require the destruction of any record of any such communication or information, to the extent that this can be achieved without destruction of any record of any other communication or information.
(2) A person who is undertaking surveillance authorised by this Act (whether under a surveillance device warrant or otherwise) must—
(a) take all reasonable steps to prevent the interception of any communication or information to which a privilege recognised by this subpart would apply if the communication or information were sought to be disclosed in a proceeding:
(b) destroy any record of a communication or information made as a consequence of the surveillance to which a privilege recognised by this subpart would apply if the communication or information were sought to be disclosed in a proceeding, unless that is impossible or impracticable without destroying a record of information to which such a privilege does not apply.
(3) A person undertaking surveillance under this Act who is uncertain about whether this section applies to any information or communication or record of a communication or information may apply to a District Court Judge for an order determining whether—
(a) the communication or information can be the subject of surveillance; and
(b) any record of such communication or information is required to be destroyed under this section.
(4) For the purposes of determining any application, the District Court Judge Judge of the appropriate court may require the record of the information or communication to be produced to him or her.
(5) If evidence of any communication or information recorded as a consequence of surveillance under this Act is evidence to which a privilege recognised under this subpart applies, that evidence is not admissible in any proceedings except—
(a) with the consent of the person entitled to waive that privilege; and
(b) if the court agrees to admit it.