(1) Subject to subsections (2) and (3), nothing in this Part shall compel the disclosure by a person or authorise the taking from a person, of a record which the person is entitled to refuse to produce on the grounds of legal professional privilege (in this section referred to as "privileged legal material").

(2) Privileged legal material may be taken from a person referred to in subsection (1) where the material is freely provided by the person.

(3) Notwithstanding that it is apprehended that a record is privileged legal material, an authorised officer or an adjudication officer, as the case may be, may, in accordance with this Act, compel the disclosure of the record or take possession of the record provided that the privilege asserted can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the High Court of an application made under subsection (4) or (6) as to whether the record is privileged legal material.