Northern Territory Numbered Acts Northern Territory Numbered ActsSections 34A to 36
repeal, insert
(1) A relevant person commits an offence if the relevant person:
(a) moves, from one place to another place, fish or aquatic life of a class prescribed for this section; and
(b) does not, at the time the fish or aquatic life are moved, have possession of a document in the approved form specifying:
(i) the species of fish or aquatic life being moved; and
(ii) the place where the fish or aquatic life was caught, taken or harvested.
Maximum penalty: 100 penalty units.
(2) A relevant person commits an offence if the relevant person:
(a) receives from another person fish or aquatic life of a class prescribed for this section; and
(b) does not, at the time the fish or aquatic life are received, receive from that other person a document in the approved form specifying:
(i) the species of fish or aquatic life being received; and
(ii) the place where the fish or aquatic life was caught, taken or harvested.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (1) or (2) is an offence of strict liability.
(4) The Director may, by Gazette notice, prescribe a class of fish or aquatic life for this section.
Examples for subsection (4)
1 Species of fish or aquatic life.
2 Number of fish or aquatic life.
3 Weight of fish or aquatic life.
4 Place where fish or aquatic life was caught, taken or harvested.
(5) In this section:
"relevant person" means a person to whom section 34 applies.
(1) A person commits an offence if the person contravenes a requirement of the Director under section 34 to keep or supply an account, record, return or information.
Maximum penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the person has a reasonable excuse.
(1) A person commits an offence if:
(a) the person intentionally gives information to another person; and
(b) the other person is an authorised officer; and
(c) the information is misleading and the person has knowledge of that circumstance; and
(d) the authorised officer is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person; and
(b) the other person is an authorised officer; and
(c) the document contains misleading information and the person has knowledge of that circumstance; and
(d) the authorised officer is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the authorised officer's attention; and
(b) to the extent to which the person can reasonably do so – gives the authorised officer the information necessary to remedy the misleading aspect of the document.
(5) In this section:
"misleading information" means information that is misleading in a material particular or because of the omission of a material particular.
(1) A person commits an offence if:
(a) the person obtains information in the course of performing functions connected with the administration of this Act; and
(b) the person intentionally engages in conduct; and
(c) the conduct results in the disclosure of the information and the person is reckless in relation to the result.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Strict liability applies to subsection (1)(a).
(3) Subsection (1) does not apply if:
(a) the person discloses the information:
(i) for the administration of this Act; or
(ii) with the consent of the person to whom the information relates; or
(iii) for legal proceedings arising out of the operation of this Act; or
(iv) in a statistical form that does not identify the person to whom the information relates; or
(b) the information is otherwise available to the public.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).