(1) Section 104 does not prevent the adducing of evidence given with the consent of the client or party concerned.
(2) In criminal proceedings, section 104 does not prevent a defendant from adducing evidence except if the evidence is—
(a) a confidential communication between a person who is being prosecuted for a related offence and an attorney-at-law acting for that person in connection with that prosecution; or
(b) the contents of a confidential document prepared by a person who is being prosecuted for a related offence or by an attorney-at-law acting for that person in connection with that prosecution.
(3) Where a client or party has knowingly disclosed the substance or evidence, not being a disclosure made—
(a) in the course of the making of the confidential communication or the preparation of the confidential document;
(b) as a result of duress or deception; or
(c) under compulsion of law,
section 104 does not prevent the adducing of the evidence.
(4) Where the communication or document was disclosed by a person who was, at the time, an employee or agent of a client or an attorney-at-law, subsection (3) does not apply unless the employee or agent was authorised to make the disclosure.
(5) Where a confidential communication is contained in a document and a witness has used the document as mentioned in section 30, section 104 does not prevent the adducing of evidence of the document, if prior to the use, the witness was warned, that the use would lead to loss of privilege.
(6) Where the substance of evidence has been disclosed with the express or implied consent of the client or party, section 104 does not prevent the adducing of the evidence, if prior to the use, the client or party was warned, that the use would lead to loss of privilege.
(7) A disclosure by a client of an attorney-at-law to a person who is a client of the same attorney-at-law shall not be taken to be disclosure for the purposes of subsection (6) if the disclosure concerns a matter in relation to which the attorney-at-law is providing or is to provide professional legal services to both of them.
(8) Section 104 does not prevent the adducing of evidence of—
(a) a communication made or a document prepared in furtherance of the commission of—
(i) an offence by the client, or
(ii) an act that renders the client a person liable to a civil penalty; or
(b) a communication or a document that the client knew or ought reasonably to have known was made or prepared in furtherance of a deliberate abuse of a power conferred by or under an enactment.
(9) For the purposes of subsection (8), where—
(a) the commission of the offence or act, or the abuse of power, is a fact in issue; and
(b) there are reasonable grounds for finding that—
(i) the offence, act or the abuse of power, was committed, and
(ii) the communication was made or document prepared in furtherance of the commission of the offence, act or the abuse of power,
the court may find that the communication was so made or the document so prepared.
(10) Where, by virtue of one of the preceding provisions of this section, section 104, does not prevent the adducing of evidence of a communication, that section does not prevent the adducing of evidence of a communication that is reasonably necessary to enable a proper understanding of the first-mentioned communication.