Northern Territory Numbered Acts

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NORTHERN TERRITORY ENVIRONMENT PROTECTION AUTHORITY ACT 2012 (NO 28 OF 2012) - SECT 32

Confidentiality of information

    (1)     A person commits an offence if the person:

    (a)     obtains information while exercising a power or performing a function as a member; and

    (b)     engages in conduct that results in the disclosure of the information.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (2)     Subsection (1) does not apply if the person discloses the information:

    (a)     for the exercise of the person's powers or the performance of the person's functions as a member; or

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

    (c)     for legal proceedings arising out of the operation of this Act.

    (3)     A person commits an offence if the person:

    (a)     obtains information while acting on behalf of, or performing duties for, the NT EPA under this Act; and

    (b)     engages in conduct that results in the disclosure of the information.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (4)     Subsection (3) does not apply if the person discloses the information:

    (a)     for the administration of this Act; or

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

    (c)     for legal proceedings arising out of the operation of this Act.

    (5)     In this section:

"exercise", of a power, includes the purported exercise of the power.

"performance", of a function, includes the purported performance of the function.

Note for section 32

In addition, under section 43BE of the Criminal Code, a person is not criminally responsible for conduct constituting an offence if the conduct is justified or excused by law.



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