NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 13

NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 13

13. After section 17 of the Principal Act the following sections are inserted:
Director may obtain information and documents in relation to the Region
''17A. (1) The Director may, by notice in writing served either personally or
by post on any person involved in or associated with uranium mining operations
in the Region, require the person-

   (a)  to furnish to him, by writing signed by that person, or, in the case
        of a body corporate, by a competent officer of the body corporate,
        within the time and in the manner specified in the notice, such
        information in the possession of the person as is specified in the
        notice; or

   (b)  to furnish to him, within the time and in the manner specified in the
        notice, such documents in the possession of the person as are
        specified in the notice, being information that is, or documents that
        are, required for the performance of the functions or the exercise of
        the powers of the Director under this Act so far as those functions or
        powers relate to those operations.

''(2) A person shall not, in purported compliance with a notice served on him
under sub-section (1), knowingly furnish information that is false or
misleading.

Penalty: $1,000.

''(3) It is a reasonable excuse for a person to fail to furnish information or
a document that he is required to furnish under this section if the furnishing
of the information, or the document, may tend to incriminate him. Director to
have access to buildings and places in the Region
''17B. (1) The Director, or a person authorized by the Director in writing, is
entitled, with the consent of the occupier, to full and free access to all
buildings and places in the Region for the purpose of the performance of the
functions or the exercise of the powers of the Director under this Act, so far
as those functions or powers relate to uranium mining operations.

''(2) A person shall not, without reasonable excuse, obstruct or hinder the
Director, or a person authorized by him, in the exercise of the powers,
conferred by sub-section (1).

Penalty: $1,000 or imprisonment for 6 months, or both. Application to Supreme
Court for order with respect to information or documents
''17C. (1) Where a person who has been served with a notice under section 17A
has refused or failed to comply, or to comply fully, with the notice, the
Director may apply to the Supreme Court of the Northern Territory of Australia
for an order under this section against that person.

''(2) The person against whom an order under this section is sought is
entitled to notice of, and to appear in, the proceedings.

''(3) Where, in proceedings under this section, the Court is satisfied that
all or any of the information or documents that was or were required by the
notice to be furnished and has or have not been furnished-

   (a)  is or are in the possession of, or available to, the person against
        whom the order is sought; and

   (b)  is or are information or documents of a kind referred to in paragraph
        17A (1) (a) or (b), the Court may make an order requiring the person
        against whom the order is sought to furnish to the Director, within
        the time and in the manner specified in the order, the information or
        documents as to which the Court is so satisfied.

''(4) The Court shall not, under this section, require a person to furnish
information or a document if the Court is satisfied that compliance with a
requirement to furnish that information or document might tend to incriminate
that person. Application to Supreme Court for order with respect to access
''17D. (1) Where the occupier of a building or place has refused, or is
unwilling, to consent to the entry of the Director or an authorized person
into that building or place under section 17B, the Director may apply to the
Supreme Court of the Northern Territory of Australia for an order under this
section against the occupier.

''(2) A person against whom an order under this section is sought is entitled
to notice of, and to appear in, the proceedings.

''(3) Where, in proceedings under this section, the Court is satisfied that
access by the Director or an authorized person to the building or place to
which the proceedings relate is necessary for the purpose referred to in
sub-section 17B (1), the Court may make an order requiring the person against
whom the order is sought to give his consent, within a time specified in the
order, to the entry of the Director or an authorized person into that building
or place for that purpose.

''(4) In this section, 'authorized person', means a person who is an
authorized person for the purposes of section 17B. Secrecy
''17E. (1) Sub-section (2) applies to every person who is or has been the
Director or a member of the staff assisting the Director.

''(2) Subject to sub-section (3), a person to whom this sub-section applies
shall not, either directly or indirectly, except in the performance of a duty
under or in connexion with this Act, make a record of, or divulge or
communicate to any person, any information relating to uranium mining
operations in the region, being information concerning the affairs of any
other person acquired by him by reason of his office or employment under or
for the purposes of this Act or otherwise in the performance of functions or
the exercise of powers under this Act.

Penalty: $1,000 or imprisonment for 6 months, or both.

''(3) Sub-section (2) does not prevent the communication of information or the
production of a document by the Director or a member of the staff assisting
the Director authorized by him for that purpose-

   (a)  to the Minister, to the Permanent Head of a Department that deals with
        matters arising under this Act or to an officer of, or employee in,
        such a Department approved by the Permanent Head of that Department;
        or

   (b)  to a person to whom, in the opinion of the Minister, it is in the
        public interest that the information be communicated or the document
        be produced.

''(4) Neither the Permanent Head of a Department that deals with matters
arising under this Act nor an officer of, or employee in, that Department
approved by him for the purposes of sub-section (3) shall, either directly or
indirectly, except for the purpose of advising the Minister in connexion with
this Act, make a record of, or divulge or communicate to any person, any
information relating to uranium mining operations in the Region communicated
to him by the Director or by a member of the staff assisting the Director,
being information concerning the affairs of another person acquired by the
Director or by a member of that staff by reason of his office or employment
under or for the purposes of this Act or otherwise in the performance of
functions or the exercise of powers under this Act.

Penalty: $1,000 or imprisonment for 6 months, or both.

''(5) Nothing in this section shall be taken to affect the operation of
section 9 of the Ombudsman Act 1976 or the operation of any similar provision
in a law of the Northern Territory that confers functions on a person similar
to functions conferred on the Ombudsman by that Act.

''(6) A reference in this section to a member of the staff assisting the
Director is a reference to a member of the Service or a person engaged under
section 35 or performing functions and exercising powers by virtue of section
36 or a person to whom a delegation has been made under section 20.
Application of Aboriginal Land Rights (Northern Territory) Act
''17F. Sub-section 70 (1) of the Aboriginal Land Rights (Northern Territory) 
Act 1976 does not prevent a person from entering or remaining on Aboriginal
land in the exercise of powers or the performance of functions or duties under
this Act.''.