Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person commits an offence if:
(a) the person is a staff member; and
(b) the staff member has a personal or financial interest in a matter in regard to which the member is required or authorised to act or give advice; and
(c) the member does not disclose the interest:
(i) if the staff member is the chief executive – to the local government subsidiary; or
(ii) in any other case – to the chief executive.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if:
(a) the person is a staff member; and
(b) the staff member has a personal or financial interest in a matter in regard to which the member is required or authorised to act or give advice; and
(c) the staff member acts in the matter in a way other than as authorised by the chief executive or the local government subsidiary under subsection (5) (as the case requires).
Maximum penalty: 100 penalty units.
(3) An offence against subsection (1) or (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant was unaware of the personal or financial interest.
(5) The local government subsidiary may:
(a) provide authorisation, on any conditions it considers appropriate, to the chief executive; and
(b) authorise the chief executive to provide authorisation, on any conditions the chief executive considers appropriate, to a staff member.
(6) The local government subsidiary provides the authorisation under subsection (5):
(a) for a local government subsidiary with one constituent council – by resolution of the constituent council; or
(b) for a local government subsidiary with more than one constituent council – by resolution of the local government subsidiary.
(7) In this section:
"staff member" includes:
(a) a person who is not an employee but works for, or provides services to, the local government subsidiary on a contract basis; or
(b) a person who works for the local government subsidiary under an arrangement with a labour hire agency; or
(c) a person acting under powers of the local government subsidiary conferred by delegation.