Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person is guilty of an offence if:
(a) the person uses, communicates or publishes any information; and
(b) the information is protected information; and
(c) the use, communication or publication of the information is not permitted by this Division.
Maximum penalty: 250 penalty units or imprisonment for 2 years.
(2) A person is guilty of an offence if:
(a) the person uses, communicates or publishes any information; and
(b) the information is protected information; and
(c) the use, communication or publication of the information is not permitted by this Division; and
(d) the use, communication or publication of the information:
(i) endangers the health or safety of any person; or
(ii) prejudices the effective conduct of an investigation into an offence.
Maximum penalty: 2 000 penalty units or imprisonment for 10 years.
(3) Subsections (1) and (2) do not apply to:
(a) the use, communication or publication of:
(i) any information that has been disclosed in a proceeding in open court; or
(ii) any information that has entered the public domain; or
(b) the use or communication of protected information by a person who reasonably believes the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or
(c) the communication to the Director-General (as defined in the Australian Security Intelligence Organisation Act 1979 (Cth)) of protected information that relates or appears to relate to activities prejudicial to security as defined in that Act; or
(d) the use or communication of information mentioned in paragraph (c) by an officer of the Australian Security Intelligence Organisation in the performance of the officer's official functions; or
(e) the use or communication of information to a foreign country or appropriate authority of a foreign country under the Mutual Assistance in Criminal Matters Act 1987 (Cth).
(4) Subsection (3)(c) and (d) do not authorise the use, communication or publication of protected information in relation to an emergency authorisation or corresponding emergency authorisation unless the use of powers under the authorisation has been approved under section 39 or a corresponding provision of a corresponding law.