Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person commits an offence if:
(a) the person has access to records of charges or convictions; and
(b) the person intentionally engages in conduct; and
(c) the conduct results in the disclosure of information about a charge or conviction expunged under this Act and the person is reckless in relation to that result.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(2) Strict liability applies to subsection (1)(a).
(3) Subsection (1) does not apply if:
(a) the disclosure is authorised or required under this Act; or
(b) the disclosure is necessary for the performance of a function or the exercise of a power under this Act; or
(c) the disclosure is made with the written consent of the person whose charge or conviction was expunged; or
(d) the information was made available by an archive or library, or an authorised officer of an archive or library, in a form normally available for public use and in accordance with the normal procedures of the archive or library; or
(e) the disclosure is for statistical or research purposes in a form that cannot identify the person whose charge or conviction was expunged.
Note for subsection (3)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).