Northern Territory Consolidated Acts

TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) ACT 2010 - SECT 139

    (1)     This section applies to:

        (a)     a person engaged or previously engaged in the administration of this Act; and

        (b)     without limiting paragraph (a):

            (i)     a person who is or was a delegate of the Competent Authority; and

            (ii)     a person who is or was employed by, or engaged to provide services to or on behalf of, the Competent Authority; and

            (iii)     a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Competent Authority.

    (2)     A person to whom this section applies must not disclose to someone else information obtained (whether by that person or otherwise) in the administration of this Act except:

        (a)     as required or authorised under this or any other Act; or

        (b)     with the consent of the person from whom the information was obtained or to whom the information relates; or

        (c)     in connection with the administration of this Act; or

        (d)     to the Competent Authority, a corresponding authority, an authorised officer or a police officer; or

        (e)     to a public authority of any jurisdiction prescribed by regulation; or

        (f)     to a public authority of the Territory or another jurisdiction for law enforcement purposes; or

        (g)     to a court or in connection with any legal proceedings; or

        (h)     in accordance with the regulations.

    (3)     Information that has been disclosed under subsection (2) for a particular purpose must not be used for any other purpose by:

        (a)     the person to whom the information was disclosed; or

        (b)     any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.

    (4)     A person commits an offence if the person engages in conduct that results in a contravention of subsection (2) or (3).

Fault elements:

The person:

        (a)     knows the information was obtained (whether by that person or otherwise) in the administration of this Act; and

        (b)     intentionally engages in the conduct; and

        (c)     is reckless as to whether the conduct would result in a contravention of subsection (2) or (3).

Maximum penalty:     100 penalty units.

    (5)     This section does not prevent information from being used:

        (a)     to assist a person in deciding whether or not to withdraw a formal warning for any offence; or

        (b)     to enable the Competent Authority to accumulate aggregate data and to enable it to authorise use of the aggregate data for research or education.