Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) The Regulator may require a private port operator or private pilotage provider to give the Regulator information or documents relating to a particular charge fixed by the operator or provider.
(2) A requirement may only be made under subsection (1) by written notice given to the private port operator or private pilotage provider.
(3) The notice must:
(a) specify the information or documents, or kind of information or documents, to which it applies; and
(ab) state that the information and documents provided must be certified as accurate by the Chief Executive Officer of, or another specified officer of, the private port operator or private pilotage provider; and
(b) state the time and manner (which must be reasonable) for the provision of that information or those documents.
(4) The Regulator may only give a notice under subsection (1) if satisfied that:
(a) the provision of the information or documents is reasonably necessary for achieving the object of this Part; and
(b) the likely cost to the private port operator or private pilotage provider of complying with the requirement is not disproportionate to the benefit that provision of the information or documents will provide for achieving that object.
(5) A private port operator or private pilotage provider required to give information or documents by a notice under subsection (1) must do so within the time and in the manner stated in the notice.
Maximum penalty: 200 penalty units.
(6) An offence against subsection (5) is an offence of strict liability.
(7) It is a defence to a prosecution for an offence against subsection (5) if the defendant has a reasonable excuse.
(8) It is not a reasonable excuse that compliance would breach a duty of confidentiality.