Northern Territory Numbered Acts

INDEPENDENT COMMISSIONER AGAINST CORRUPTION (CONSEQUENTIAL AND RELATED AMENDMENTS) ACT 2018 (NO 3 OF 2018) - SECT 94

After section 17

insert

17A     Confidentiality of information obtained under warrant

    (1)     Except as otherwise allowed by this Act, an inspecting officer must not record or disclose information that:

    (a)     was obtained by a person under a warrant; and

    (b)     became known by the inspecting officer during or as the result of an inspection.

Maximum penalty:     100 penalty units or imprisonment for 12 months.

    (2)     Subsection (1) does not prevent an inspecting officer from:

    (a)     disclosing in a report under Part 3 or 3A any matter for the purpose of stating the grounds for the conclusions and recommendations in the report; or

    (b)     recording or disclosing information for the discharge of functions under this Act.

    (3)     A person cannot be compelled in any proceeding to disclose information that:

    (a)     was obtained under a warrant (whether by the person or another person); and

    (b)     became known by the person because the person is or was engaged in the administration of this Act.

    (4)     Subsections (1) and (3) apply despite the provisions of another Act that would otherwise allow the person to record, disclose or be compelled in a proceeding to disclose the information, if:

    (a)     information obtained under a warrant became known by a person because the person is, or was:

        (i)     an inspecting officer; and

        (ii)     exercising a power or performing a function under this Act; and

    (b)     the same information also became known by the person because the person is, or was, engaged in the administration of the other Act.