Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) If the officer in charge of a prison or police prison is of the opinion that:
(a) a letter or parcel passing between a prisoner and his or her legal representative during a visit to the prisoner by the legal representative may contain material described in subsection (3)(b); or
(b) a letter or parcel dispatched by a prisoner to his or her legal representative or addressed to a prisoner from his or her legal representative may contain material described in subsection (3)(b);
the officer may order that the letter or parcel be intercepted, opened and inspected in accordance with this section.
(2) As soon as practicable after giving an order under subsection (1), the officer in charge of a prison or police prison must advise the Director, in writing, of the order being made and his or her reason for making the order.
(3) If an order is made under subsection (1), an authorised legal practitioner may open and inspect the letter or parcel in respect of which the order is made and may:
(a) forward the letter or parcel as addressed; or
(b) forward the letter or parcel to the Director if, in the opinion of the authorised legal practitioner:
(i) the contents may jeopardise the security or good order of a prison or police prison or a prisoner; or
(ii) the contents contains subject-matter that would constitute a breach of this Act, the Regulations or any determination of the Director made under this Act; or
(iii) the contents contains subject-matter that would constitute a breach of a law of the Territory, the Commonwealth, a State or another Territory of the Commonwealth; or
(iv) the contents may be threatening or insulting to any person; or
(v) the contents may have a detrimental influence or effect on a prisoner; or
(vi) the letter is written in a code or is illegible.
(4) A letter or parcel forwarded to the Director under subsection (3) may be:
(a) censored by the Director and then forwarded as addressed; or
(b) returned to the prisoner or legal representative by the Director, as the case may be; or
(c) retained by the Director; or
(d) destroyed by the Director.
(5) If action is taken under subsection (3)(b), the officer in charge of the prison or police prison must inform the prisoner and the legal representative that the action has been taken.
(6) The Minister may, in writing, authorise a legal practitioner for this section.
(7) A legal practitioner cannot be authorised for this section unless he or she has practised as a legal practitioner, either in the Territory or elsewhere, for not less than 10 years.