Northern Territory Numbered Acts Northern Territory Numbered ActsPart IV, Division 1, Division 2 heading and sections 77 to 82
repeal, insert
In this Part:
"benefit", see section 75B.
"improper", see section 75C.
"obtain "includes to get or receive.
"public officer", see section 4 of the Independent Commissioner Against Corruption Act .
(1) "Benefit" means a benefit of any kind, including a non-pecuniary benefit.
(2) For this Part:
(a) a benefit is taken to be requested by a person:
(i) whether the benefit is a current benefit or a promise of a future benefit; and
(ii) whether the benefit is to be received by the person or another person; and
(b) a benefit is taken to be obtained by a person:
(i) whether the benefit is a current benefit or a promise of a future benefit; and
(ii) whether the benefit is received by the person or another person; and
(c) a benefit is taken to be offered by a person to a public officer:
(i) whether the benefit is a current benefit or the promise of a future benefit; and
(ii) whether the benefit is to be received by the public officer or another person; and
(d) a benefit is taken to be given by a person to a public officer:
(i) whether the benefit is a current benefit or the promise of a future benefit; and
(ii) whether the benefit is received by the public officer or another person.
(1) A person's conduct is improper if the conduct, in the circumstances, warrants criminal sanction.
(2) The finder of fact must find the conduct improper unless:
(a) the finder of fact is satisfied that:
(i) the conduct is trivial; or
(ii) the conduct has caused only minimal damage to the public interest; and
(b) the finder of fact is satisfied that the conduct, in the circumstances, does not warrant criminal sanction.
(3) In deciding whether a person's conduct, in the circumstances, warrants criminal sanction, the finder of fact must have regard to the following matters:
(a) if the person is a public officer – whether the person behaved in a way reasonably expected of a public officer;
(b) if the person is not a public officer – whether the person behaved in a way reasonably expected of the person;
(c) whether the person acted in an honest and reasonable belief that the person was lawfully entitled to act in the manner the person acted in the conduct being considered;
(d) the seriousness of the conduct and any result of the conduct;
(e) whether the conduct occurred:
(i) as an isolated incident; or
(ii) as part of repeated similar conduct; or
(iii) as part of a course of conduct.
If, in any proceedings for an offence under this Part, the court considers that the offence is of a trivial or merely technical nature, the court may in its discretion dismiss the case .
(1) A person commits an offence if:
(a) the person:
(i) is a public officer who obtains information because of the officer's position; or
(ii) was a public officer who obtained information because of the person's position as a public officer; and
(b) the information is confidential information and the person has knowledge of that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct is improper; and
(e) the conduct results in the disclosure of the information and the person is reckless in relation to the result.
Maximum penalty: Imprisonment for 3 years.
(2) Strict liability applies to subsection (1)(a)
(3) Absolute liability applies to subsection (1)(d).
(4) A person commits an offence if:
(a) the person:
(i) is a public officer who obtains information because of the officer's position; or
(ii) was a public officer who obtained information because of the person's position as a public officer; and
(b) the information is confidential information and the person has knowledge of that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct is improper; and
(e) the conduct results in the disclosure of the information and the person is reckless in relation to the result; and
(f) the improper conduct is engaged in with the intention of gaining a benefit.
Maximum penalty: Imprisonment for 5 years.
(5) Strict liability applies to subsection (4)(a).
(6) Absolute liability applies to subsection (4)(d).
(1) A public officer commits an offence if:
(a) the officer intentionally requests or knowingly obtains a benefit; and
(b) the officer knows the benefit is:
(i) an inducement to influence the officer's performance of the officer's powers or functions; or
(ii) a reward for the officer having performed the officer's powers or functions in a particular way or for a particular result; and
(c) the conduct mentioned in paragraph (a) is improper.
Maximum penalty: Imprisonment for 10 years.
(2) Absolute liability applies to subsection (1)(c).
(3) A person commits an offence if:
(a) the person intentionally offers or gives a benefit to another person; and
(b) the person offered or given the benefit is a public officer and the person offering or giving the benefit is reckless in relation to that circumstance; and
(c) the person offering or giving the benefit does so with the intention that the benefit is:
(i) an inducement to influence the officer's performance of the officer's powers or functions; or
(ii) a reward for the person; and
(d) the conduct mentioned in paragraph (a) is improper.
Maximum penalty: Imprisonment for 10 years.
(4) Absolute liability applies to subsection (3)(d).
(1) A public officer commits an offence if:
(a) the officer intentionally requests or knowingly obtains a benefit; and
(b) the officer knows the benefit would tend to:
(i) be an inducement to influence the officer's performance of the officer's powers or functions; or
(ii) be a reward for the officer; and
(c) the conduct mentioned in paragraph (a) is improper.
Maximum penalty: Imprisonment for 5 years.
(2) Absolute liability applies to subsection (1)(c).
(3) A person commits an offence if:
(a) the person intentionally offers or gives a benefit to another person; and
(b) the person offered or given the benefit is a public officer and the person offering or giving the benefit is reckless in relation to that circumstance; and
(c) the person offering or giving the benefit knows the benefit would tend to:
(i) be an inducement to influence the officer's performance of the officer's powers or functions; or
(ii) be a reward for the officer.
(d) the conduct mentioned in paragraph (a) is improper.
Maximum penalty: Imprisonment for 5 years.
(4) Absolute liability applies to subsection (3)(d).
(1) A public officer who is a public sector employee commits an offence if:
(a) the officer knowingly holds a private interest; and
(b) the officer would be able to exercise the officer's duties or functions as an officer in a manner that substantially affects the private interest and the officer is reckless in relation to that circumstance; and
(c) the officer had a reasonable opportunity to disclose the private interest to an appropriate person; and
(d) the officer fails to disclose the private interest to an appropriate person and is reckless in relation to that failure; and
(e) the conduct mentioned in paragraph (d) is improper.
Maximum penalty: Imprisonment for 2 years.
(2) Strict liability applies to subsection (1)(c).
(3) Absolute liability applies to subsection (1)(e).
(4) A public officer commits an offence if:
(a) the officer knowingly holds a private interest; and
(b) the officer:
(i) intentionally exercises the officer's duties or functions as a public officer in a manner that materially affects the private interest; and
(ii) obtains a benefit as a result of the conduct mentioned in subparagraph (i); and
(iii) is reckless in relation to that result; and
(c) the officer fails to disclose the private interest to an appropriate person and is reckless in relation to that failure; and
(d) the conduct mentioned in paragraphs (b) and (c) is improper.
Maximum penalty: Imprisonment for 7 years.
Examples for subsection (4)(b)
(a) the officer influences the performance or management of, or influences the decision whether to enter into or terminate, a contract or agreement made on account of the public sector that affects the value of a business in which the officer is a partner; or
(b) the officer influences a decision to refuse a licence to a business that is a competitor with a business which owes the officer money.
(5) Absolute liability applies to subsection (4)(d).
(6) This section does not apply to a person who is a public officer by the sole reason of being a member, officer or employee of a public body mentioned in section 16(1)(l) of the Independent Commissioner Against Corruption Act .
(7) In this section:
"appropriate person" means one of the following:
(a) for a public officer who is a public sector employee – the Chief Executive Officer of the Agency in, or in relation to, which the public officer is employed or engaged;
(b) for a public officer who is not a public sector employee or a Chief Executive Officer – the Chief Executive Officer of the Agency in, or in relation to, which the public officer is employed or engaged;
(c) for a public officer who holds an office established under an Act and is not a public sector employee – the minister administering that Act;
(d) for a public officer mentioned in section 16(2)(f) of the Independent Commissioner Against Corruption Act – the person mentioned in section 16(2)(a) to (e) of that Act by whom, or on behalf of whom, the public officer is engaged;
(e) for a public officer who is a Chief Executive Officer of an Agency – the minister responsible for that Agency;
(f) for a minister other than the Chief Minister – the Chief Minister;
(g) for the Chief Minister – the Administrator;
(h) for a member of the Legislative Assembly other than the Speaker – the Speaker;
(i) for the Speaker – the Deputy Speaker;
(j) for a police officer other than the Commissioner of Police – the Commissioner of Police;
(k) for the Chief Justice – the next most senior Supreme Court Judge;
(l) for the Chief Judge – the Chief Justice;
(m) for any other Local Court Judge – the Chief Judge;
(n) for the President of the Civil and Administrative Tribunal (the Tribunal ) – the Chief Judge;
(o) for any member of the Tribunal who is a judicial officer – the Chief Judge;
(p) for any other member of the Tribunal – the President of the Tribunal;
(q) for the Territory Coroner – the Chief Judge;
(r) for the Deputy Coroner – the Territory Coroner;
(s) for a public officer who is an employee of a local government council other than the CEO (as defined in section 3 of the Local Government Act ) of that council – the CEO of that council;
(t) for the CEO of a local government council – the principal member (as mentioned in section 42 of the Local Government Act ) of that council;
(u) for a member of a local government council other than the principal member – the principal member;
(v) for the principal member of a local government council – the CEO of that council.
"private" interest means a legal or financial interest that is held directly or indirectly.
(1) A public officer commits an offence if:
(a) the officer:
(i) intentionally provides, certifies or approves a document that is false in a material particular; or
(ii) intentionally modifies a document so that it is false in a material particular; and
(b) the material particular mentioned in paragraph (a) relates to either of the following circumstances and the officer has knowledge of that circumstance:
(i) the expenditure of public money;
(ii) the rights of a person; and
(c) the conduct mentioned in paragraph (a) is improper.
(2) For subsection (1)(b), a material particular relates to the expenditure of public money if it relates to one or more of the following:
(a) remuneration payable, or claimed to be payable, to any person;
(b) payment of money;
(c) delivery of goods or services;
(d) records or documents made for any accounting purposes, financial purpose or other similar purpose.
Maximum penalty: Imprisonment for 3 years.
(3) Absolute liability applies to subsection (1)(c).
Note for section 80
If false information is provided for the purpose of gain to the public officer, the offence of false accounting under section 233 may be applicable.
(1) A public officer commits an offence if:
(a) the officer intentionally engages in conduct; and
(b) the conduct is intentionally arbitrary or an abuse of process; and
(c) the conduct is prejudicial to the rights of another person and the officer is reckless in relation to that circumstance; and
(d) the conduct is improper.
Maximum penalty: Imprisonment for 2 years.
(2) Absolute liability applies to subsection (1)(d).
(3) A public officer commits an offence if:
(a) the officer intentionally engages in conduct; and
(b) the conduct is intentionally arbitrary or an abuse of process; and
(c) the conduct is prejudicial to the rights of another person and the officer is reckless in relation to that circumstance; and
(d) the conduct is improper; and
(e) the conduct is engaged in with the intention of obtaining a benefit.
Maximum penalty: Imprisonment for 3 years.
(4) Absolute liability applies to subsection (3)(d).