Northern Territory Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION) NORTHERN TERRITORY ACT - SECT 16

Confidentiality of information obtained under warrant

16. Confidentiality of information obtained under warrant

(1) Except as otherwise allowed by this Act, the Ombudsman or an inspecting officer must not record or disclose information that -

(a) was obtained by a person under a warrant; and

(b) became known by the Ombudsman or officer during or as the result of an inspection.

Penalty: 100 penalty units or imprisonment for 12 months.

(2) Subsection (1) does not prevent the Ombudsman or an inspecting officer from -

(a) disclosing in a report under Division 1 any matter for the purpose of stating the grounds for the conclusions and recommendations in the report; or

(b) recording or disclosing information for the discharge of functions under this Act.

(3) A person cannot be compelled in any proceeding to disclose information that -

(a) was obtained under a warrant (whether by the person or another person); and

(b) became known by the person because he or she is or was engaged in the administration of this Act.

(4) If -

(a) information was obtained under a warrant and the information became known by a person because he or she is (or was) the Ombudsman or an inspecting officer and he or she is (or was) exercising a power or performing a function under this Act; and

(b) the same information also became known by the person because he or she is (or was) engaged in the administration of another Act,

subsections (1) and (3) apply despite any provisions of the other Act that may allow the person to record, disclose or be compelled in a proceeding to disclose the information and those provisions of the other Act do not apply in respect of the information.



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