{"id":"inquiries-act-1945","name":"Inquiries Act 1945","slug":"inquiries-act-1945","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30122,"registerId":"nt-inquiries-act-1945-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Inquiries Act 1945","content":"NORTHERN TERRITORY OF AUSTRALIA\nINQUIRIES ACT 1945\nAs in force at 1 May 2016\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Repeal ............................................................................................. 1\n3 Definitions ........................................................................................ 1\n3A Application of Criminal Code ........................................................... 2\n4 Appointment of Boards and Commissioners.................................... 2\n4A Appointment of Boards and Commissioners on resolution of\nLegislative Assembly ....................................................................... 2\n5 Protection of members of Boards and Commissioners.................... 3\n6 Boards and Commissioners not to be bound by rules of\nevidence .......................................................................................... 3\n6A Authorised persons.......................................................................... 3\n7 Witnesses may be represented by legal practitioner ....................... 3\n8 Powers of entry, inspection and seizure .......................................... 3\n8A Obstruction of Board member, Commissioner or authorised\nperson ............................................................................................. 4\n9 Power to send for witnesses and documents .................................. 4\n10 Board and Commissioner may examine on oath ............................. 4\n11 Contempt ......................................................................................... 4\n12 Conduct constituting contempt of the Board or Commissioner ........ 5\n13 Statements made by witness not admissible in evidence\nagainst witness ................................................................................ 5\n14 Misleading information ..................................................................... 5\n14A Confidentiality of information ........................................................... 6\n15 Protection and liability of witnesses ................................................. 7\n16 Inquiry may be heard in camera ...................................................... 7\n17 Protection of reports or proceedings................................................ 7\n18 Regulations...................................................................................... 8\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2016\n____________________\nINQUIRIES ACT 1945\nAn act to provide for inquiries into matters in relation to the Northern\nTerritory of Australia\n1 Short title\nThis Act may be cited as the Inquiries Act 1945.\n2 Repeal\nThe Board of Enquiry Ordinance 1929, the Board of Enquiry\nOrdinance 1933 and the Board of Enquiry Ordinance 1934 are\nrepealed.\n3 Definitions\nIn this Act:\nacting in an official capacity, in relation to a Board member,\nCommissioner or authorised person, means the Board member,\nCommissioner or authorised person is exercising powers or\nperforming functions under, or otherwise related to the\nadministration of, this Act.\nauthorised person means a person authorised by the Chairperson\nof the Board or Commissioner under section 6A.\nBoard means a Board of Inquiry appointed under section 4 or 4A,\nand includes the members of a Board and a quorum thereof as\nspecified in the instrument of appointment.\nCommissioner means a person appointed under section 4 or 4A to\ninquire into any matter.\ncontempt, see section 12.\n\nInquiries Act 1945 2\nreasonable excuse, in relation to any act or omission by a person\nsummoned as a witness before a Board or a Commissioner, means\nany excuse which would excuse an act or omission of a similar\nnature by a witness or person summoned as a witness before a\ncourt of law.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n3A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 3A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n4 Appointment of Boards and Commissioners\n(1) The Minister may, from time to time, appoint a Board of Inquiry or\nany person to inquire into, and report to the Minister on, any matter\nin relation to the Territory which is specified in the instrument of\nappointment.\n(2) The Minister may appoint a member of the Board to be the\nChairperson of the Board.\n4A Appointment of Boards and Commissioners on resolution of\nLegislative Assembly\n(1) If the Legislative Assembly passes a resolution that a Board of\nInquiry or a person be appointed to inquire into and report to the\nAdministrator on a matter which is specified in the resolution and\nwhich relates to the Territory, the Administrator must appoint a\nBoard of Inquiry or a person to inquire into and report on that\nmatter.\n(2) The Administrator may appoint a member of a Board appointed\nunder subsection (1) to be the Chairperson of the Board.\n(3) A Board or person appointed under this section must inquire into\nand report on the matter specified in the resolution.\n\nInquiries Act 1945 3\n(4) The Administrator must, not later than the first meeting of the\nLegislative Assembly which commences more than 14 days after\nthe Administrator has received a report under this section, table the\nreport in the Legislative Assembly.\n5 Protection of members of Boards and Commissioners\nEvery member of a Board and every Commissioner has, in the\nexercise of their functions under this Act, the same protection and\nimmunity as a Supreme Court Judge.\n6 Boards and Commissioners not to be bound by rules of\nevidence\nA Board or Commissioner is to make a thorough investigation\nwithout regard to legal forms and solemnities and is not bound by\nany rules of evidence, but may inform themselves on any matter in\nsuch manner they think fit.\n6A Authorised persons\n(1) A Commissioner, or a Board, appointed to inquire into and report on\na matter, may authorise a person or persons (the authorised\nperson) to exercise powers and perform functions for the inquiry.\n(2) The authorised person may exercise the powers and perform the\nfunctions specified in the instrument of authorisation.\n7 Witnesses may be represented by legal practitioner\nA person summoned to attend a Board or Commissioner may, with\nthe approval of the Board or Commissioner, be represented by a\nlegal practitioner or agent, who may examine witnesses and\naddress the Board or Commissioner on the person's behalf.\n8 Powers of entry, inspection and seizure\nA Board member, Commissioner or authorised person (if\nappropriately authorised), for the purposes of the inquiry in respect\nof which the Board or Commissioner is appointed, may, without a\nwarrant:\n(a) enter and search a building or a place; and\n(b) inspect and make extracts from, or copies of, books,\ndocuments or papers; and\n(c) seize any item, book, document or paper that they reasonably\nbelieve to be related to the inquiry.\n\nInquiries Act 1945 4\n8A Obstruction of Board member, Commissioner or authorised\nperson\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is a Board member, Commissioner or\nauthorised person; and\n(c) the person knows the Board member, Commissioner or\nauthorised person is acting in an official capacity.\nMaximum penalty: 100 penalty units.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nobstruct, includes hinder and resist.\n9 Power to send for witnesses and documents\n(1) The Chairperson of a Board or a Commissioner may, in writing,\nsummon any person to attend the Board or Commissioner at a time\nand place mentioned in the summons and then and there to give\nevidence and to produce any books, documents and writings in the\nperson's possession or control which the person is required by the\nsummons to produce.\n(2) A summons under this section must be served personally or by\nleaving it at the usual place of residence of the person to whom it is\naddressed.\n10 Board and Commissioner may examine on oath\nA Board or Commissioner may require a person appearing before\nthe Board or Commissioner to give evidence on oath.\n11 Contempt\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct constitutes contempt of a Board or Commissioner\nand the person was reckless in relation to that circumstance.\nMaximum penalty: 100 penalty units or 6 months\nimprisonment.\n\nInquiries Act 1945 5\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n12 Conduct constituting contempt of the Board or Commissioner\nA person's conduct constitutes contempt of a Board or\nCommissioner if the person:\n(a) was served with a summons under section 9 to attend the\nBoard or Commissioner; and\n(b) when required by the Board or Commissioner, fails to:\n(i) attend before the Board or Commissioner to give\nevidence; or\n(ii) take an oath; or\n(iii) answer a question; or\n(iv) produce a book, document or writing as required by the\nsummons.\n13 Statements made by witness not admissible in evidence\nagainst witness\nA statement or disclosure made by any witness to a Board or\nCommissioner is not, except in proceedings for an offence arising\nunder this Act, admissible in evidence against the witness in any\ncivil or criminal proceedings in any court.\n14 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is a Board member, Commissioner or\nauthorised person; and\n(c) the person knows the information is misleading; and\n(d) the person knows the Board member, Commissioner or\nauthorised person is acting in an official capacity.\nMaximum penalty: Imprisonment for 12 months.\n\nInquiries Act 1945 6\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is a Board member, Commissioner or\nauthorised person; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the Board member, Commissioner or\nauthorised person is acting in an official capacity.\nMaximum penalty: Imprisonment for 12 months.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the Board\nmember, Commissioner or authorised person's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe Board member, Commissioner or authorised person the\ninformation necessary to remedy the misleading aspect of the\ndocument.\n(5) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n14A Confidentiality of information\n(1) A person commits an offence if the person:\n(a) obtains information in the course of performing functions\nconnected with the administration of this Act; and\n(b) intentionally engages in conduct that results in the disclosure\nof the information.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n\nInquiries Act 1945 7\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n15 Protection and liability of witnesses\nA witness before a Board or a Commissioner has the same\nprotection and has, in addition to the penalties provided by this Act,\nthe same liabilities in any civil or criminal proceeding as a witness in\nany matter before the Supreme Court.\n16 Inquiry may be heard in camera\nA Board or Commissioner may direct that the whole or any part of\nthe proceedings on an inquiry under this Act be heard in private if\nthe Board or Commissioner considers that it is desirable in the\npublic interest so to do.\n17 Protection of reports or proceedings\n(1) No action or proceeding, civil or criminal, lies against any person for\npublishing in good faith for the information of the public:\n(a) a copy of, or a fair extract from, or a fair abstract of, any report\nmade by a Board or Commissioner; or\n(b) a fair and accurate report of the proceedings before any Board\nor Commissioner, not being proceedings directed to be heard\nin private.\n(2) A publication is taken to be made in good faith for the information of\nthe public if the person by whom it is made is not actuated in\nmaking it by ill-will to the person defamed or by any other improper\nmotive.\n\nInquiries Act 1945 8\n18 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The Regulations may provide for the following:\n(a) a scale of allowances to be paid to a witness summoned\nunder this Act;\n(b) a scale of allowances to be paid to a Board member, or a\nperson, in exercising their functions under this Act for their\ntravel expenses while absent from their usual place of\nresidence.\n\nENDNOTES\nInquiries Act 1945 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nInquiries Ordinance 1945 (Act No. 8, 1945)\nAssent date 6 December 1945\nCommenced 6 December 1945\nInquiries Ordinance 1963 (Act No. 34, 1963)\nAssent date 25 April 1963\nCommenced 25 April 1963\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\n\nENDNOTES\nInquiries Act 1945 10\nStatute Law Revision Act (No. 2) 1979 (Act No. 128, 1979)\nAssent date 15 October 1979\nCommenced 15 October 1979\nStatute Law Revision Act 1985 (Act No. 49, 1985)\nAssent date 1 October 1985\nCommenced 1 October 1985\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act\n2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4)\nInquiries Amendment (Penalties) Act 2011 (Act No. 6, 2011)\nAssent date 16 March 2011\nCommenced 16 March 2011\nInquiries Amendment Act 2016 (Act No. 7, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz s35, 29 April 2016)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 3, 4A, 11, 12 and 14.\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 3.\n5 LIST OF AMENDMENTS\nlt amd No. 49, 1985, s 4\ns 1 amd No. 49, 1985, s 4\ns 3 amd No. 34, 1963, s 2; No. 49, 1985, s 4; No. 7, 2016, s 4\ns 3A ins No. 7, 2016, s 5\ns 4 amd No. 49, 1985, s 4; No. 7, 2016, s 11\ns 4A ins No. 34, 1963, s 3\namd No. 128, 1979, s 16; No. 49, 1985, s 4; No. 7, 2016, s 11\n\nENDNOTES\nInquiries Act 1945 11\ns 5 amd No. 49, 1985, s 4; No. 7, 2016, s 11; No. 8, 2016, s 45\ns 6 amd No. 7, 2016, s 11\ns 6A ins No. 7, 2016, s 6\ns 7 amd No. 7, 2007, s 16; No. 7, 2016, s 11\ns 8 amd No. 49, 1985, s 4\nsub No. 7, 2016, s 7\ns 8A ins No. 7, 2016, s 7\ns 9 amd No. 7, 2016, s 11\ns 10 amd No. 49, 1985, s 4\nsub No. 40, 2010, s 45\ns 11 amd No. 49, 1985, s 4; No. 6, 2011, s 3\nsub No. 7, 2016, s 8\ns 12 amd No. 49, 1985, s 4; No. 40, 2010, s 46; No. 6, 2011, s 4\nsub No. 7, 2016, s 8\ns 13 amd No. 49, 1985, s 4; No. 7, 2016, s 11\ns 14 sub No. 7, 2016, s 9\ns 14A ins No. 7, 2016, s 9\ns 15 amd No. 49, 1985, s 4; No. 7, 2016, s 11\ns 16 amd No. 49, 1985, s 4\ns 17 amd No. 7, 2016, s 11\ns 18 sub No. 34, 1963, s 4\namd No. 95, 1978, s 14; No. 49, 1985, s 4\nsub No. 7, 2016, s 10","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as presented shows scope changes from earlier versions through inserted and amended provisions. Notable later additions include the application of Part IIAA of the Criminal Code (s 3A), authorised persons (s 6A), an obstruction offence (s 8A), and a confidentiality offence (s 14A). The endnotes and list of amendments identify when sections were inserted or amended (see notes listing s 3A ins No. 7, 2016, s 5; s 6A ins No. 7, 2016, s 6; s 8A ins No. 7, 2016, s 7; s 14A ins No. 7, 2016, s 9). These changes broadened the Act’s enforcement tools, introduced delegation of inquiry powers, and added a specific statutory confidentiality offence, thereby expanding the statutory reach and criminal-law overlay compared with earlier forms of the Act."},"complexity_factors":["Interplay with the Criminal Code (s 3A) requiring cross-reference to criminal responsibility and defences","Mixture of civil investigative powers (summons, entry, seizure — s 8, s 9) with criminal penalties (s 8A, s 11, s 14, s 14A)","Strict liability elements in multiple provisions (e.g. s 8A(2), s 14(3), s 14A(2)) affecting prosecution proof requirements","Broad discretionary powers for Boards and Commissioners (not bound by rules of evidence — s 6; in camera hearings — s 16; authorising persons — s 6A)","Confidentiality regime with specified statutory exceptions (s 14A(1)–(3)) balancing secrecy and permitted disclosure","Operational impact of warrantless entry and seizure on businesses and document custodians (s 8)","Delegation and authorisation mechanisms allowing non-member authorised persons to exercise powers (s 6A)","Regulation-making power that affects practical implementation (s 18)","Overlap between protections for publishers and criminal confidentiality (ss 14A, 17) requiring careful legal interpretation","Concise text with significant legal consequences requires judicial or administrative interpretation on multiple points (e.g. 'acting in an official capacity', reasonable excuse, and scope of immunity — ss 3, 5, 3A, 12)"],"plain_english_summary":"This Act creates a statutory framework for the Northern Territory to appoint Boards of Inquiry or Commissioners to investigate Territory matters, granting them broad powers to summon witnesses, require documents, take evidence on oath, and enter/inspect/seize premises without a warrant. It also immunises inquiry members, allows private hearings, and applies criminal-law rules to offences under the Act.\n\nThose summoned or authorised to act must comply or face criminal penalties (including for obstruction, contempt, misleading information, or unauthorised disclosure); some costs may fall to the public purse via regulated allowances."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1945 Act appears to have been a straightforward mechanism for ministerial appointments of inquiries. Over 70+ years of amendments, the scope has expanded significantly: (1) Legislative Assembly can now compel inquiries via resolution (1963 addition); (2) detailed criminal offence provisions have been added with complex mental state requirements (2016 amendments); (3) authorised persons/delegation powers added (2016); (4) confidentiality protections with criminal penalties added (2016); (5) specific obstruction and misleading information offences created (2016). The Act has transformed from a simple appointment mechanism into a comprehensive regulatory framework governing the entire lifecycle of inquiries with significant criminal law components."},"complexity_factors":["Moderate length (18 sections plus endnotes)","Cross-references to the Criminal Code (Part IIAA) for general principles of criminal responsibility","Several defined terms in section 3 (acting in an official capacity, authorised person, Board, Commissioner, contempt, reasonable excuse)","Nested conditional logic in offence provisions (e.g., section 14 has two separate offences with multiple mental elements and a defence provision)","Strict liability elements in offences (sections 8A, 14, 14A) requiring careful parsing of which elements require intent and which don't","Exceptions to exceptions in confidentiality provisions (section 14A(3) with multiple sub-exceptions)","Dual appointment pathways (Minister vs Legislative Assembly) creating parallel but slightly different procedural tracks"],"plain_english_summary":"This law sets up the rules for how official inquiries (formal investigations) can be held in the Northern Territory. It allows the Minister or the Legislative Assembly to appoint either a single person (called a Commissioner) or a panel of people (called a Board of Inquiry) to investigate matters of public concern.\n\n**Key things the law does:**\n\n*   **Who can start an inquiry:** Either the Minister can appoint someone, or the Legislative Assembly can pass a resolution demanding an inquiry, which the Administrator must then set up.\n*   **Powers given:** These inquiries have strong powers similar to courts. They can summon witnesses (legally order people to attend), force people to produce documents, enter and search buildings without a warrant, and require people to give evidence on oath (sworn testimony).\n*   **Rules of evidence:** Unlike courts, inquiries don't have to follow strict legal rules about what evidence is allowed. They can investigate thoroughly in whatever way they think best.\n*   **Protections:** Witnesses get the same legal protections as they would in the Supreme Court, and statements they give generally can't be used against them in later court cases. Inquiry members are protected like judges.\n*   **Offences:** It's a crime to obstruct inquiry members, refuse to answer questions, give misleading information, or leak confidential information obtained during an inquiry.\n*   **Privacy:** Inquiries can be held in private (\"in camera\") if it's in the public interest.\n\n**Why it matters:**\nThis law gives the Northern Territory government a tool to investigate serious issues—like government failures, disasters, or allegations of wrongdoing—when regular processes aren't enough. It balances the need for powerful investigative tools with protections for people forced to give evidence."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/inquiries-act-1945","history":"/api/acts/inquiries-act-1945/history","analysis":"/api/acts/inquiries-act-1945/analysis","conflicts":"/api/acts/inquiries-act-1945/conflicts","importantCases":"/api/acts/inquiries-act-1945/important-cases","documents":"/api/acts/inquiries-act-1945/documents"}}