Northern Territory Numbered Acts Northern Territory Numbered Acts(1) This section applies if the Ombudsman gives a person a notice under section 52 or 53.
(2) The person must comply with the notice.
Fault element: Strict liability offence.
Maximum penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse under subsection (5).
(4) It is not a reasonable excuse for the person to fail to comply with the notice on the ground that complying with it:
(a) would be contrary to the public interest or would contravene another Act; or
(b) would disclose legal advice given to a minister or the Police Force; or
(c) if the person is a police officer – might tend to show the officer has committed a breach of discipline.
(5) However, it is a reasonable excuse for the person to refuse to comply with the notice if:
(a) the notice requires the person to give information or a document that is not relevant to the investigation to which the notice relates, including for example, disclosing legal advice that is not relevant to the investigation; or
(b) for an individual including a police officer – complying with the notice might tend to incriminate the individual.
(6) If compliance with the notice would (apart from this subsection) be a contravention of another Act, the person is not liable to a penalty under the Act merely because the person complied with the notice.