Northern Territory Numbered Acts Northern Territory Numbered ActsSection 81ZA
repeal, insert
(1) A person commits an offence if:
(a) the person is:
(i) a member of the Commission; or
(ii) a person engaged by the Commission under section 81C; or
(iii) a staff member provided to the Commission under section 81E(1); and
(b) the person obtains information in the course of performing a function or exercising a power in the person's capacity referred to in subsection (1); and
(c) the information is confidential and the person is reckless in relation to that circumstance; and
(d) the person intentionally engages in conduct; and
(e) the conduct results in the disclosure of the information and the disclosure is not:
(i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or
(ii) to a person who is otherwise entitled to the information; and
(f) the person is reckless in relation to the result and circumstance referred to in paragraph (e).
Maximum penalty: 50 penalty units or imprisonment for 2 years.
(2) Strict liability applies to subsection (1)(a) and (b).
(3) If the information referred to in subsection (1) relates to a person, it is a defence to a prosecution for an offence against that subsection if the person consented to the disclosure of the information.
Example for subsection (3)
A person to whom the information relates includes a person who has a direct interest in the information remaining confidential because the information is financial, commercial, personal or cultural information.
Note for section 81ZA
In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section 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).