Commonwealth Numbered Acts

STRONGER FUTURES IN THE NORTHERN TERRITORY ACT 2012 (NO. 100, 2012) - SECT 73

             (1)  This section applies to a person if the Secretary considers that:

                     (a)  information (the compellable information ) relating to an assessment of a community store under section 67 is in the person's possession, custody or control (whether held electronically or in any other form); and

                     (b)  the information is reasonably necessary for the purposes of the assessment.

             (2)  The Secretary may, in writing, require the person to give compellable information to the Secretary:

                     (a)  within a specified period of time; and

                     (b)  in a specified form or manner.

             (3)  The person must not fail to comply with a requirement under this section.

Criminal penalty:    10 penalty units.

             (4)  Subsection (3) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:

                     (a)  of a commercial nature; or

                     (b)  subject to an obligation of confidentiality arising from a commercial relationship; or

                     (c)  commercially sensitive.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

             (5)  Subsection (3) does not apply in relation to compellable information if giving the information might tend to incriminate the person or expose the person to a penalty.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code ).

             (6)  This section has effect despite any law of the Commonwealth, a State or a Territory prohibiting disclosure of the information.