Northern Territory Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION) NORTHERN TERRITORY ACT 2001 - SECT 16C

General powers for inspections in relation to the ICAC

    (1)     For an inspection in relation to the ICAC, an inspecting officer:

        (a)     after notifying the ICAC, may enter at any reasonable time premises occupied by the ICAC; and

        (b)     is to have full and free access at all reasonable times to all records of the ICAC that the inspecting officer considers are relevant to the inspection; and

        (c)     despite any other law, may make copies of, and take extracts from, records of the ICAC that the inspecting officer considers are relevant to the inspection; and

        (d)     may require the ICAC or a member of ICAC staff to provide to the inspecting officer any information that the inspecting officer considers is relevant to the inspection and that is in the ICAC's or member's possession or to which the ICAC or member has access.

    (2)     If an inspecting officer has reason to believe that the ICAC or a member of ICAC staff is able to provide information relevant to an inspection, the inspecting officer may, by written notice provided to the ICAC or member:

        (a)     require the ICAC or member to provide the information:

            (i)     in writing and signed by the ICAC or member; and

            (ii)     at a place specified in the notice; and

            (iii)     within a period specified in the notice; and

        (b)     require the ICAC or member, for the purpose of answering questions relevant to the inspection, to attend before an inspecting officer specified in the notice at the place, and within the period or at the time, specified in the notice.

    (3)     If an inspecting officer has reason to believe that a member of ICAC staff may be able to provide information relevant to an inspection but does not know the member's identity, the inspecting officer may require the ICAC or a person nominated by the ICAC to attend before an inspecting officer specified in the requirement for the purpose of answering questions relevant to the inspection or to identifying the member who may be able to provide the information.

    (4)     A requirement under subsection (3) is to be made by written notice provided to the ICAC and specify the place at which, and the period within which or the time at which, the ICAC or nominated person is to attend.

    (5)     Despite any other law, a person is not excused from providing information, answering a question or giving access to a document if required by or under this section, on the ground that to do so would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty.

    (6)     The ICAC must ensure that members of ICAC staff provide an inspecting officer with the assistance in relation to an inspection as the inspecting officer reasonably requires.



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