{"id":"telecommunications-interception-northern-territory-act-2001","name":"Telecommunications (Interception) Northern Territory Act 2001","slug":"telecommunications-interception-northern-territory-act-2001","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30654,"registerId":"nt-telecommunications-interception-northern-territory-act-2001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception) Northern Territory Act 2001","content":"NORTHERN TERRITORY OF AUSTRALIA\nTELECOMMUNICATIONS (INTERCEPTION) NORTHERN\nTERRITORY ACT 2001\nAs in force at 30 November 2018\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\nPart 2 Keeping of records of telecommunications\ninterceptions\nDivision 1 Records of Police Force\n4 Records connected with issue of warrants ...................................... 3\n5 Other records connected with an interception ................................. 3\n6 Documents to be given to Minister .................................................. 5\n7 Documents to be given to Commonwealth Minister......................... 5\n8 Keeping and destruction of restricted records ................................. 5\nDivision 2 Records of the ICAC\n8A Records connected with issue of warrants ...................................... 6\n8B Other records connected with an interception ................................. 6\n8C Documents to be given to Minister .................................................. 7\n8D Documents to be given to Commonwealth Minister......................... 8\n8E Keeping and destruction of restricted records ................................. 8\nPart 3 Inspections of Police Force records and\nreports by Ombudsman\nDivision 1 Inspections and reports\n9 General power to inspect and report on Police Force records ......... 9\n10 Regular inspections of Police Force records ................................... 9\n11 Report on contravention .................................................................. 9\n12 Notification of report ...................................................................... 10\nDivision 2 Powers of inspecting officers\n13 General powers for inspections in relation to Police Force ............ 10\n\nTelecommunications (Interception) Northern Territory Act 2001 ii\nDivision 3 Information arising from inspection\n14 Use of information ......................................................................... 11\nPart 3A Inspections of ICAC records and reports\nby Inspector\nDivision 1 Inspections and reports\n15 General power to inspect and report on ICAC records .................. 12\n16 Regular inspections of ICAC records............................................. 12\n16A Report on contravention ................................................................ 13\n16B Notification of report ...................................................................... 13\nDivision 2 Powers of inspecting officers\n16C General powers for inspections in relation to the ICAC ................. 13\nDivision 3 Information arising from inspection\n16D Use of information ......................................................................... 15\nPart 4 Miscellaneous\n17 Report to Commonwealth Minister ................................................ 15\n17A Confidentiality of information obtained under warrant .................... 15\n18 Confidentiality generally ................................................................ 16\n19 Offences ........................................................................................ 17\n20 Protection of Ombudsman, Inspector and inspecting officers\nfrom liability.................................................................................... 17\n21 Regulations.................................................................................... 17\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 November 2018\n____________________\nTELECOMMUNICATIONS (INTERCEPTION) NORTHERN\nTERRITORY ACT 2001\nAn Act to enable the Police Force of the Northern Territory and the ICAC\nto be declared as agencies for the Telecommunications (Interception\nand Access) Act 1979 (Cth) and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Telecommunications (Interception)\nNorthern Territory Act 2001.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Interpretation\n(1) In this Act:\nCommissioner means the Commissioner of Police.\nCommonwealth Act means the Telecommunications (Interception\nand Access) Act 1979 (Cth).\nCommonwealth Minister means the Minister administering the\nCommonwealth Act.\nCommonwealth Ombudsman means the office of the\nCommonwealth Ombudsman established by the Ombudsman\nAct 1976 (Cth).\ninspecting officer means:\n(a) for records of the Police Force:\n(i) the Ombudsman; or\n\nPart 1 Preliminary\nTelecommunications (Interception) Northern Territory Act 2001 2\n(ii) a public sector employee to whom the Ombudsman has\ndelegated a function or functions in relation to an\ninspection; or\n(b) for records of the ICAC:\n(i) the Inspector; or\n(ii) a person to whom the Inspector has delegated a function\nor functions in relation to an inspection.\ninspection means:\n(a) for records of the Police Force – an inspection under Part 3,\nDivision 1; or\n(b) for records of the ICAC – an inspection under Part 3A,\nDivision 1.\nInspector, see section 4 of the Independent Commissioner Against\nCorruption Act 2017.\nmember of ICAC staff, see section 4 of the Independent\nCommissioner Against Corruption Act 2017.\nOmbudsman, see section 4 of the Ombudsman Act 2009.\nPolice Force means the Police Force of the Northern Territory\nestablished by the Police Administration Act 1978.\npossession includes custody and control.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this Act each of the following expressions has the same meaning\nas in the Commonwealth Act:\n(a) agency;\n(b) certifying officer;\n(d) premises;\n(e) restricted record;\n(f) warrant;\n(g) any other expression not defined in subsection (1) but defined\nin the Commonwealth Act.\n\nPart 2 Keeping of records of telecommunications interceptions\nDivision 1 Records of Police Force\nTelecommunications (Interception) Northern Territory Act 2001 3\n(3) A reference to a member of the Police Force is to be read as a\nreference to an officer of the Police Force for the purposes of the\nCommonwealth Act.\nPart 2 Keeping of records of telecommunications\ninterceptions\nDivision 1 Records of Police Force\n4 Records connected with issue of warrants\nThe Commissioner must keep as records of the Police Force:\n(a) each warrant issued to the Police Force; and\n(b) a copy of each notification given by the Commissioner under\nsection 59A(2) of the Commonwealth Act; and\n(c) each instrument revoking a warrant issued to the Police Force;\nand\n(d) a copy of each certificate issued under section 61(4) of the\nCommonwealth Act by a certifying officer of the Police Force;\nand\n(e) each authorisation made by the Commissioner under\nsection 66(2) of the Commonwealth Act.\n5 Other records connected with an interception\n(1) The Commissioner must cause the following information to be\nrecorded as soon as practicable after the event to which it relates\noccurs:\n(a) particulars of each telephone application for a warrant made\non behalf of the Police Force;\n(b) in relation to each application for a warrant made on behalf of\nthe Police Force, a statement as to whether:\n(i) the application was withdrawn or refused; or\n(ii) a warrant was issued on the application;\n(c) in relation to each warrant whose authority is exercised by the\nPolice Force, particulars of:\n(i) the warrant; and\n\nPart 2 Keeping of records of telecommunications interceptions\nDivision 1 Records of Police Force\nTelecommunications (Interception) Northern Territory Act 2001 4\n(ii) the day on which, and the time at which, each\ninterception under the warrant began; and\n(iii) the duration of each such interception; and\n(iv) the name of the person who carried out each such\ninterception; and\n(v) in relation to a named person warrant – each service to\nor from which communications have been intercepted\nunder the warrant;\n(d) in relation to each restricted record that has at any time been\nin the possession of the Police Force, particulars of:\n(i) if the record was obtained by an interception under a\nwarrant – that warrant; and\n(ii) each occasion on which the record came (whether by its\nmaking or otherwise) to be in the possession of the\nPolice Force; and\n(iii) each occasion (if any) on which the record ceased\n(whether by its destruction or otherwise) to be in the\npossession of the Police Force; and\n(iv) each agency, body or other person (if any) from whom\nthe Police Force received the record or to whom the\nPolice Force supplied the record;\n(e) particulars of each use made by the Police Force of lawfully\nobtained information;\n(f) particulars of each communication of lawfully obtained\ninformation by a member of the Police Force to a person or\nbody other than another member of the Police Force;\n(g) particulars of each occasion on which, to the knowledge of a\nmember of the Police Force, lawfully obtained information was\ngiven in evidence in a relevant proceeding in relation to the\nPolice Force.\n(2) The Commissioner must keep as records of the Police Force the\ninformation recorded under subsection (1).\n\nPart 2 Keeping of records of telecommunications interceptions\nDivision 1 Records of Police Force\nTelecommunications (Interception) Northern Territory Act 2001 5\n6 Documents to be given to Minister\nThe Commissioner must give to the Minister:\n(c) within 3 months after a warrant issued to the Police Force\nceases to be in force, a written report about:\n(i) the use made by the Police Force of information\nobtained by interceptions under the warrant; and\n(ii) the communication of that information to persons other\nthan members of the Police Force; and\n(d) as soon as practicable (and in any event within 3 months)\nafter each 30 June, a written report that sets out the\ninformation that:\n(i) is required by Part 2-8, Division 2 of the Commonwealth\nAct to be set out in the Commonwealth Minister's report\nunder that Division in relation to the year ending on that\n30 June; and\n(ii) can be derived from the records of the Police Force.\n7 Documents to be given to Commonwealth Minister\n(1) As soon as practicable after a warrant or instrument revoking a\nwarrant is issued to the Police Force, the Commissioner must give\na copy of the warrant or instrument to the Commonwealth Minister.\n(2) As soon as practicable after receiving a report under section 6(c)\nor (d), the Minister must give a copy of the report to the\nCommonwealth Minister.\n8 Keeping and destruction of restricted records\n(1) In this section, a reference to a restricted record is to be read as a\nreference to a restricted record that is in the possession of the\nPolice Force, whether made before or after the commencement of\nsection 35 of the Commonwealth Act.\n(2) Except while a restricted record is being dealt with in accordance\nwith this Act or the Commonwealth Act, the Commissioner must\ncause the restricted record to be kept in a secure place so that it is\nnot accessible to persons who are not entitled to deal with it.\n\nPart 2 Keeping of records of telecommunications interceptions\nDivision 2 Records of the ICAC\nTelecommunications (Interception) Northern Territory Act 2001 6\n(3) The Commissioner must cause a restricted record to be destroyed\nwithout delay if he or she is satisfied that the record is not likely to\nbe required for a permitted purpose in relation to the Police Force,\nother than a purpose connected with an inspection or a report on an\ninspection.\nDivision 2 Records of the ICAC\n8A Records connected with issue of warrants\nThe ICAC must keep as records of the ICAC:\n(a) each warrant issued to the ICAC; and\n(b) a copy of each notification given by the ICAC under\nsection 59A(2) of the Commonwealth Act; and\n(c) each instrument revoking a warrant issued to the ICAC; and\n(d) a copy of each certificate issued under section 61(4) of the\nCommonwealth Act by a certifying officer of the ICAC; and\n(e) each authorisation made by the ICAC under section 66(2) of\nthe Commonwealth Act.\n8B Other records connected with an interception\n(1) The ICAC must cause the following information to be recorded as\nsoon as practicable after the event to which it relates occurs:\n(a) particulars of each telephone application for a warrant made\non behalf of the ICAC;\n(b) in relation to each application for a warrant made on behalf of\nthe ICAC, a statement as to whether:\n(i) the application was withdrawn or refused; or\n(ii) a warrant was issued on the application;\n(c) in relation to each warrant whose authority is exercised by the\nICAC, particulars of:\n(i) the warrant; and\n(ii) the day on which, and the time at which, each\ninterception under the warrant began; and\n(iii) the duration of each such interception; and\n\nPart 2 Keeping of records of telecommunications interceptions\nDivision 2 Records of the ICAC\nTelecommunications (Interception) Northern Territory Act 2001 7\n(iv) the name of the person who carried out each such\ninterception; and\n(v) in relation to a named person warrant – each service to\nor from which communications have been intercepted\nunder the warrant;\n(d) in relation to each restricted record that has at any time been\nin the possession of the ICAC, particulars of:\n(i) if the record was obtained by an interception under a\nwarrant – that warrant; and\n(ii) each occasion on which the record came (whether by its\nmaking or otherwise) to be in the possession of the\nICAC; and\n(iii) each occasion (if any) on which the record ceased\n(whether by its destruction or otherwise) to be in the\npossession of the ICAC; and\n(iv) each agency, body or other person (if any) from whom\nthe ICAC received the record or to whom the ICAC\nsupplied the record;\n(e) particulars of each use made by the ICAC of lawfully obtained\ninformation;\n(f) particulars of each communication of lawfully obtained\ninformation by the ICAC or a member of ICAC staff to a\nperson or body other than the ICAC or another member of\nICAC staff;\n(g) particulars of each occasion on which, to the knowledge of the\nICAC or a member of ICAC staff, lawfully obtained information\nwas given in evidence in a relevant proceeding in relation to\nthe ICAC.\n(2) The ICAC must keep as records of the ICAC the information\nrecorded under subsection (1).\n8C Documents to be given to Minister\nThe ICAC must give to the Minister:\n(a) within 3 months after a warrant issued to the ICAC ceases to\nbe in force, a written report about:\n(i) the use made by the ICAC of information obtained by\ninterceptions under the warrant; and\n\nPart 2 Keeping of records of telecommunications interceptions\nDivision 2 Records of the ICAC\nTelecommunications (Interception) Northern Territory Act 2001 8\n(ii) the communication of that information to persons other\nthan the ICAC or members of ICAC staff; and\n(b) as soon as practicable (and in any event within 3 months)\nafter each 30 June, a written report that sets out the\ninformation that:\n(i) is required by Part 2-8, Division 2 of the Commonwealth\nAct to be set out in the Commonwealth Minister's report\nunder that Division in relation to the year ending on that\n30 June; and\n(ii) can be derived from the records of the ICAC.\n8D Documents to be given to Commonwealth Minister\n(1) As soon as practicable after a warrant or instrument revoking a\nwarrant is issued to the ICAC, the ICAC must give a copy of the\nwarrant or instrument to the Commonwealth Minister.\n(2) As soon as practicable after receiving a report under section 8C(a)\nor (b), the Minister must give a copy of the report to the\nCommonwealth Minister.\n8E Keeping and destruction of restricted records\n(1) In this section, a reference to a restricted record is to be read as a\nreference to a restricted record that is in the possession of the\nICAC, whether made before or after the commencement of\nsection 35 of the Commonwealth Act.\n(2) Except while a restricted record is being dealt with in accordance\nwith this Act or the Commonwealth Act, the ICAC must cause the\nrestricted record to be kept in a secure place so that it is not\naccessible to persons who are not entitled to deal with it.\n(3) The ICAC must cause a restricted record to be destroyed without\ndelay if the ICAC is satisfied that the record is not likely to be\nrequired for a permitted purpose in relation to the ICAC, other than\na purpose connected with an inspection or a report on an\ninspection.\n\nPart 3 Inspections of Police Force records and reports by Ombudsman\nDivision 1 Inspections and reports\nTelecommunications (Interception) Northern Territory Act 2001 9\nPart 3 Inspections of Police Force records and\nreports by Ombudsman\nDivision 1 Inspections and reports\n9 General power to inspect and report on Police Force records\n(1) The Ombudsman may at any time:\n(a) inspect the records of the Police Force to determine\ncompliance by members of the Police Force with Part 2,\nDivision 1 during any period; and\n(b) report to the Minister about the results of the inspection.\n(2) The Ombudsman may do anything necessary or convenient for the\npurposes of subsection (1).\n10 Regular inspections of Police Force records\n(1) At least once in each period of 6 months, the Ombudsman must\ninspect the records of the Police Force to determine compliance by\nmembers of the Police Force with Part 2, Division 1 since the last\ninspection.\n(2) Not later than 3 months after the end of each financial year, the\nOmbudsman must report in writing to the Minister on the results of\ninspections carried out in that financial year.\n11 Report on contravention\nIf, as a result of an inspection, the Ombudsman is of the opinion\nthat a member of the Police Force has contravened the\nCommonwealth Act or the Commissioner has contravened\nsection 6(c), the Ombudsman must:\n(a) allow the Commissioner an opportunity to provide written\ncomments in respect of that matter; and\n(b) include in the report under section 9(1)(b) or 10(2):\n(i) a report on the contravention; and\n(ii) a copy of the written comments of the Commissioner.\n\nPart 3 Inspections of Police Force records and reports by Ombudsman\nDivision 2 Powers of inspecting officers\nTelecommunications (Interception) Northern Territory Act 2001 10\n12 Notification of report\nIf the Ombudsman has provided a report under this Division to the\nMinister, the Ombudsman:\n(a) must notify the Commonwealth Minister, in writing, that the\nreport has been given; and\n(b) must provide the Commissioner with a copy of the report.\nDivision 2 Powers of inspecting officers\n13 General powers for inspections in relation to Police Force\n(1) For the purposes of an inspection in relation to the Police Force, an\ninspecting officer:\n(a) after notifying the Commissioner, may enter at any reasonable\ntime premises occupied by the Police Force; and\n(b) is to have full and free access at all reasonable times to all\nrecords of the Police Force that the inspecting officer\nconsiders are relevant to the inspection; and\n(c) despite any other law, may:\n(i) make copies of; and\n(ii) take extracts from;\nrecords of the Police Force that the inspecting officer\nconsiders are relevant to the inspection; and\n(d) may require a member of the Police Force to provide to the\ninspecting officer any information that the inspecting officer\nconsiders is relevant to the inspection and that is in the\nmember's possession or to which the member has access.\n(2) If an inspecting officer has reason to believe that a member of the\nPolice Force is able to provide information relevant to an inspection,\nthe inspecting officer may, by written notice provided to the\nmember:\n(a) require the member to provide the information:\n(i) in writing and signed by the member; and\n(ii) at a place specified in the notice; and\n(iii) within a period specified in the notice; and\n\nPart 3 Inspections of Police Force records and reports by Ombudsman\nDivision 3 Information arising from inspection\nTelecommunications (Interception) Northern Territory Act 2001 11\n(b) require the member, for the purpose of answering questions\nrelevant to the inspection, to attend before an inspecting\nofficer specified in the notice at the place, and within the\nperiod or at the time, specified in the notice.\n(3) If an inspecting officer has reason to believe that a member of the\nPolice Force may be able to provide information relevant to an\ninspection but does not know the member's identity, the inspecting\nofficer may require the Commissioner or a person nominated by the\nCommissioner to attend before an inspecting officer specified in the\nrequirement for the purpose of answering questions relevant to the\ninspection or to identifying the member who may be able to provide\nthe information.\n(4) A requirement under subsection (3) is to be made by written notice\nprovided to the Commissioner and specify the place at which, and\nthe period within which or the time at which, the Commissioner or\nnominated person is to attend.\n(5) Despite any other law, a person is not excused from providing\ninformation, answering a question or giving access to a document if\nrequired by or under this section on the ground that to do so would\ncontravene a law, would be contrary to the public interest or might\ntend to incriminate the person or make the person liable to a\npenalty.\n(6) The Commissioner must ensure that members of the Police Force\nprovide an inspecting officer with the assistance in relation to an\ninspection as the inspecting officer reasonably requires.\nDivision 3 Information arising from inspection\n14 Use of information\n(1) The following are not admissible in evidence against a person\nexcept in proceedings for an offence against section 17A(1), 18(1)\nor 19(1) or (2):\n(a) information provided or an answer given by the person under\nsection 13 or as required by an inspecting officer under that\nsection;\n(b) the fact that the person has given access to a document under\nsection 13;\n(c) any information or thing (including a document) obtained\ndirectly or indirectly in consequence of the person having\nprovided information or given an answer or access to a\ndocument under section 13 or as required by an inspecting\n\nPart 3A Inspections of ICAC records and reports by Inspector\nDivision 1 Inspections and reports\nTelecommunications (Interception) Northern Territory Act 2001 12\nofficer under that section.\n(2) Despite any other law, the Ombudsman and any inspecting officer\nmay make use of, make a record of or provide to another inspecting\nofficer and to the Ombudsman any information that:\n(a) is obtained during or as a result of an inspection; and\n(b) is relevant to the inspection.\n(3) The Ombudsman may provide information of a kind mentioned in\nsubsection (1) to the Commonwealth Ombudsman if satisfied that\nthe provision of the information is relevant to the performance of the\nCommonwealth Ombudsman's functions under the Commonwealth\nAct.\nPart 3A Inspections of ICAC records and reports by\nInspector\nDivision 1 Inspections and reports\n15 General power to inspect and report on ICAC records\n(1) The Inspector may at any time:\n(a) inspect the records of the ICAC to determine compliance by\nthe ICAC and members of ICAC staff with Part 2, Division 2\nduring any period; and\n(b) report to the Minister about the results of the inspection.\n(2) The Inspector may do anything necessary or convenient for the\npurposes of subsection (1).\n16 Regular inspections of ICAC records\n(1) At least once in each period of 6 months, the Inspector must\ninspect the records of the ICAC to determine compliance by the\nICAC and members of ICAC staff with Part 2, Division 2 since the\nlast inspection.\n(2) Not later than 3 months after the end of each financial year, the\nInspector must report in writing to the Minister on the results of\ninspections carried out in that financial year.\n\nPart 3A Inspections of ICAC records and reports by Inspector\nDivision 2 Powers of inspecting officers\nTelecommunications (Interception) Northern Territory Act 2001 13\n16A Report on contravention\nIf, as a result of an inspection, the Inspector is of the opinion that\nthe ICAC or a member of ICAC staff has contravened the\nCommonwealth Act or the ICAC has contravened section 8C(a), the\nInspector must:\n(a) allow the ICAC an opportunity to provide written comments in\nrespect of that matter; and\n(b) include in the report under section 15(1)(b) or 16(2):\n(i) a report on the contravention; and\n(ii) a copy of the written comments of the ICAC.\n16B Notification of report\nIf the Inspector has provided a report under this Division to the\nMinister, the Inspector:\n(a) must notify the Commonwealth Minister, in writing, that the\nreport has been given; and\n(b) must provide the ICAC with a copy of the report.\nDivision 2 Powers of inspecting officers\n16C General powers for inspections in relation to the ICAC\n(1) For an inspection in relation to the ICAC, an inspecting officer:\n(a) after notifying the ICAC, may enter at any reasonable time\npremises occupied by the ICAC; and\n(b) is to have full and free access at all reasonable times to all\nrecords of the ICAC that the inspecting officer considers are\nrelevant to the inspection; and\n(c) despite any other law, may make copies of, and take extracts\nfrom, records of the ICAC that the inspecting officer considers\nare relevant to the inspection; and\n(d) may require the ICAC or a member of ICAC staff to provide to\nthe inspecting officer any information that the inspecting officer\nconsiders is relevant to the inspection and that is in the ICAC's\nor member's possession or to which the ICAC or member has\naccess.\n\nPart 3A Inspections of ICAC records and reports by Inspector\nDivision 2 Powers of inspecting officers\nTelecommunications (Interception) Northern Territory Act 2001 14\n(2) If an inspecting officer has reason to believe that the ICAC or a\nmember of ICAC staff is able to provide information relevant to an\ninspection, the inspecting officer may, by written notice provided to\nthe ICAC or member:\n(a) require the ICAC or member to provide the information:\n(i) in writing and signed by the ICAC or member; and\n(ii) at a place specified in the notice; and\n(iii) within a period specified in the notice; and\n(b) require the ICAC or member, for the purpose of answering\nquestions relevant to the inspection, to attend before an\ninspecting officer specified in the notice at the place, and\nwithin the period or at the time, specified in the notice.\n(3) If an inspecting officer has reason to believe that a member of ICAC\nstaff may be able to provide information relevant to an inspection\nbut does not know the member's identity, the inspecting officer may\nrequire the ICAC or a person nominated by the ICAC to attend\nbefore an inspecting officer specified in the requirement for the\npurpose of answering questions relevant to the inspection or to\nidentifying the member who may be able to provide the information.\n(4) A requirement under subsection (3) is to be made by written notice\nprovided to the ICAC and specify the place at which, and the period\nwithin which or the time at which, the ICAC or nominated person is\nto attend.\n(5) Despite any other law, a person is not excused from providing\ninformation, answering a question or giving access to a document if\nrequired by or under this section, on the ground that to do so would\ncontravene a law, would be contrary to the public interest or might\ntend to incriminate the person or make the person liable to a\npenalty.\n(6) The ICAC must ensure that members of ICAC staff provide an\ninspecting officer with the assistance in relation to an inspection as\nthe inspecting officer reasonably requires.\n\nPart 4 Miscellaneous\nTelecommunications (Interception) Northern Territory Act 2001 15\nDivision 3 Information arising from inspection\n16D Use of information\n(1) The following are not admissible in evidence against a person\nexcept in proceedings for an offence against section 17A(1), 18(1)\nor 19(1) or (2):\n(a) information provided or an answer given by the person under\nsection 16C or as required by an inspecting officer under that\nsection;\n(b) the fact that the person has given access to a document under\nsection 16C;\n(c) any information or thing (including a document) obtained\ndirectly or indirectly as a consequence of the person having\nprovided information or given an answer or access to a\ndocument under section 16C or as required by an inspecting\nofficer under that section.\n(2) Despite any other law, the Inspector and any inspecting officer may\nmake use of, make a record of, or provide to another inspecting\nofficer and to the Inspector any information that:\n(a) is obtained during or as a result of an inspection; and\n(b) is relevant to the inspection.\n(3) The Inspector may provide information of a kind mentioned in\nsubsection (1) to the Commonwealth Ombudsman if satisfied that\nthe provision of the information is relevant to the performance of the\nCommonwealth Ombudsman's functions under the Commonwealth\nAct.\nPart 4 Miscellaneous\n17 Report to Commonwealth Minister\nAs soon as practicable after receiving a report under Part 3,\nDivision 1 or Part 3A, Division 1, the Minister must provide a copy\nof the report to the Commonwealth Minister.\n17A Confidentiality of information obtained under warrant\n(1) Except as otherwise allowed by this Act, an inspecting officer must\nnot record or disclose information that:\n(a) was obtained by a person under a warrant; and\n\nPart 4 Miscellaneous\nTelecommunications (Interception) Northern Territory Act 2001 16\n(b) became known by the inspecting officer during or as the result\nof an inspection.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) Subsection (1) does not prevent an inspecting officer from:\n(a) disclosing in a report under Part 3 or 3A any matter for the\npurpose of stating the grounds for the conclusions and\nrecommendations in the report; or\n(b) recording or disclosing information for the discharge of\nfunctions under this Act.\n(3) A person cannot be compelled in any proceeding to disclose\ninformation that:\n(a) was obtained under a warrant (whether by the person or\nanother person); and\n(b) became known by the person because the person is or was\nengaged in the administration of this Act.\n(4) Subsections (1) and (3) apply despite the provisions of another Act\nthat would otherwise allow the person to record, disclose or be\ncompelled in a proceeding to disclose the information, if:\n(a) information obtained under a warrant became known by a\nperson because the person is, or was:\n(i) an inspecting officer; and\n(ii) exercising a power or performing a function under this\nAct; and\n(b) the same information also became known by the person\nbecause the person is, or was, engaged in the administration\nof the other Act.\n18 Confidentiality generally\n(1) Except as allowed by this Act, a person who is or was engaged in\nthe administration of this Act must not disclose any information or\nrecord obtained by the person through his or her engagement in the\nadministration of this Act unless the disclosure is made under this\nAct or under the Commonwealth Act.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n\nPart 4 Miscellaneous\nTelecommunications (Interception) Northern Territory Act 2001 17\n(2) Subsection (1) applies despite the provisions of another Act that\nmay allow a person to disclose the information or record because\nthe person was engaged in the administration of the other Act and\nthe provisions of the other Act do not apply in respect of that\ninformation or record.\n19 Offences\n(1) A person must not, without reasonable excuse:\n(a) refuse or fail to comply with a requirement made under\nsection 13(1), (2) or (3) or 16C(1), (2) or (3); or\n(b) obstruct or hinder an inspecting officer who is exercising\npowers under section 13 or 16C.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) A person must not provide information that the person knows to be\nfalse or misleading in a material particular to an inspecting officer\nwho is exercising powers under section 13 or 16C.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n20 Protection of Ombudsman, Inspector and inspecting officers\nfrom liability\n(1) Except as otherwise provided by sections 17A and 18, the\nOmbudsman, the Inspector or an inspecting officer does not incur\nany liability in respect of any act done (or omitted to be done) in\ngood faith:\n(a) in the performance or exercise, or the purported performance\nor exercise, of any function or power under this Act; or\n(b) in the administration, or the purported administration, of this\nAct.\n(2) If subsection (1) prevents civil liability attaching to a person, the\nliability attaches instead to the Territory.\n21 Regulations\n(1) The Administrator may make regulations under this Act.\n\nPart 4 Miscellaneous\nTelecommunications (Interception) Northern Territory Act 2001 18\n(2) Without limiting the generality of subsection (1), the Regulations\nmay apply differently according to matters, limitations or\nrestrictions, whether as to time, circumstance or otherwise,\nspecified in the Regulations.\n(3) The Regulations may provide for penalties not exceeding 5 penalty\nunits for offences against the Regulations and, in the case of a\ncontinuing offence, a further penalty not exceeding 1 penalty unit\nfor each day during which the offence continues after the first day.\n\nENDNOTES\nTelecommunications (Interception) Northern Territory Act 2001 19\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\nTelecommunications (Interception) Northern Territory Act 2001 (Act No. 23, 2001)\nAssent date 19 July 2001\nCommenced 31 May 2006 (Gaz G22, 31 May 2006, p 2)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\nTelecommunications (Interception) Northern Territory Amendment Act 2010 (Act\nNo. 45, 2010)\nAssent date 13 December 2010\nCommenced 13 December 2010\nIndependent Commissioner Against Corruption (Consequential and Related\nAmendment) Act 2018 (Act No. 3, 2018)\nAssent date 21 February 2018\nCommenced 30 November 2018 (s 2, s 2 Independent Commissioner\nAgainst Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,\n30 November 2018)\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 Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 3.\n\nENDNOTES\nTelecommunications (Interception) Northern Territory Act 2001 20\n4 LIST OF AMENDMENTS\nlt amd No. 45, 2010, s 3; No. 3, 2018, s 82\ns 3 amd No. 54, 2004, s 7; No. 5, 2009, s 179; No. 45, 2010, s 9; No. 3, 2018,\ns 83\npt 2\ndiv 1 hdg ins No. 3, 2018, s 84\ns 4 amd No. 45, 2010, s 4\ns 5 amd No. 45, 2010, s 9\ns 6 amd No. 45, 2010, s 5\ns 7 sub No. 45, 2010, s 6\npt 2\ndiv 2 hdg ins No. 3, 2018, s 85\nss 8A – 8E ins No. 3, 2018, s 85\npt 3 hdg amd No. 3, 2018, s 86\ns 9 amd No. 3, 2018, s 87\ns 10 amd No. 3, 2018, s 88\ns 11 amd No. 45, 2010, s 7; No. 3, 2018, s 89\ns 13 amd No. 45, 2010, s 9; No. 3, 2018, s 90\ns 14 amd No. 3, 2018, s 91\npt 3A hdg ins No. 3, 2018, s 92\npt 3A\ndiv 1 hdg ins No. 3, 2018, s 92\ns 15 sub No. 3, 2018, s 92\ns 16 amd No. 45, 2010, s 9\nsub No. 3, 2018, s 92\nss 16A – 16B ins No. 3, 2018, s 92\npt 3A\ndiv 2 hdg ins No. 3, 2018, s 92\ns 16C ins No. 3, 2018, s 92\npt 3A\ndiv 3 hdg ins No. 3, 2018, s 92\ns 16D ins No. 3, 2018, s 92\ns 17 amd No. 45, 2010, s 9; No. 3, 2018, s 93\ns 17A ins No. 3, 2018, s 94\ns 18 amd No. 45, 2010, s 9; No. 3, 2018, s 95\ns 19 amd No. 45, 2010, s 9; No. 3, 2018, s 96\ns 20 rep No. 45, 2010, s 8\nins No. 3, 2018, s 97\ns 21 amd No. 45, 2010, s 9","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally framed to implement Territory recordkeeping and oversight for the Police Force in order to operate under the Commonwealth Telecommunications (Interception and Access) Act. Subsequent amendments (notably the 2018 Independent Commissioner Against Corruption-related amendments) expanded the scope to include the ICAC: they add a parallel set of recordkeeping, inspection and reporting obligations for ICAC (ss 8A–8E, Part 3A), introduce the Inspector role and corresponding inspection powers (ss 15–16D), and add or amend confidentiality, offence and reporting provisions (ss 17A, 18–19). In short, the law moved from supervising a single territorial agency (Police) to a two-agency regime with mirrored oversight structures and tightened confidentiality and inspection rules."},"complexity_factors":["Heavy reliance on cross-references to the Commonwealth Telecommunications (Interception and Access) Act (s 3(2)) for defined terms and operational rules","Two largely parallel regulatory tracks (Police: ss 4–8; ICAC: ss 8A–8E) duplicating many provisions","Multiple inspection powers with compulsion, entry, copying and attendance requirements (ss 13, 16C)","Nested exceptions and carve-outs in confidentiality and admissibility rules (ss 14, 16D, 17A–18)","Time-bound reporting and inspection schedules (6‑monthly inspections, 3‑month reporting deadlines) creating conditional obligations (ss 10, 16(1), 6, 8C)","Delegation and multiple officer roles (inspecting officer definitions, delegation to public sector employees) increasing role permutations (s 3(1) definition)","Criminal offences with significant penalties tied to several provisions (ss 17A–19)","Liability transfer to the Territory for acts done in good faith (s 20(2))"],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act implements for the Northern Territory the local rules that allow the NT Police Force and the Independent Commissioner Against Corruption (ICAC) to operate as agencies under the Commonwealth Telecommunications (Interception and Access) Act 1979 (the “Commonwealth Act”). It does this by prescribing what records those agencies must keep about interception warrants and intercepted material, how those records must be stored or destroyed, and how independent inspections and reporting must happen. (See ss 4–8 for Police, ss 8A–8E for ICAC.)\n\n- The Act gives the Ombudsman the power to inspect Police interception records and report to the NT Minister (Part 3, ss 9–14). It gives the Inspector of the ICAC the parallel power to inspect ICAC interception records and report (Part 3A, ss 15–16D). Inspecting officers may enter premises, access and copy records, and compel written information or attendance for questioning (ss 13 and 16C).\n\n- The Act requires the Commissioner of Police and the ICAC to provide reports and copies of warrants to the NT Minister and to the Commonwealth Minister, and to keep specified particulars about warrant applications, warrants issued, who carried out interceptions, durations, uses of lawfully obtained information, and communications of that information (ss 4–8E, s 7, s 8D, s 17).\n\n- The Act sets confidentiality rules and criminal penalties for improper disclosure of intercepted information or inspection-derived information (ss 17A–19). It also provides statutory protection for Ombudsman, Inspector and inspecting officers acting in good faith, with liability transferring to the Territory in certain cases (s 20).\n\n**Who this affects**\n\n- Directly: the NT Police Force (Commissioner and members) and the ICAC (and ICAC staff). They must create and maintain detailed records, respond to inspections, secure restricted records, destroy them when no longer needed, and send reports to Ministers (ss 4–8E, ss 9–16D).\n\n- Oversight bodies: the NT Ombudsman (for Police records) and the Inspector of ICAC (for ICAC records) gain statutory inspection and compulsion powers (ss 9–13, 15–16C).\n\n- The NT Government: the Territory bears certain liabilities and receives inspection reports; the NT Minister must forward reports to the Commonwealth Minister (ss 6–7, 17).\n\n- Indirectly: communications service providers or other third parties are not the primary regulated parties under this Territory Act, but they remain subject to Commonwealth warrants under the Commonwealth Act; this Act governs how NT agencies handle intercepted material once obtained.\n\n**Why it matters (stated purpose and practical effects)**\n\n- Stated purpose: the Act enables NT law enforcement and the ICAC to be treated as agencies under the Commonwealth Act and creates local recordkeeping, oversight and confidentiality arrangements required by or complementary to that Commonwealth regime (Long title; ss 3, 4–8E).\n\n- Practical effects and implementation mechanics: \n  - Agencies must log and retain particulars of applications, warrants, interception start-times, durations, identities of officers performing interceptions, uses of intercepted information, and disclosures to others (ss 4–5; 8A–8B). This creates an administrative and record-keeping burden on those agencies but also a paper trail for oversight. \n  - Inspectors (Ombudsman/Inspector) have broad powers to enter, examine and copy records, and to compel members or officials to provide information or attend for questioning; refusal, obstruction or giving false material is criminalised (ss 13, 16C, 19). \n  - Confidentiality rules criminalise unauthorised recording or disclosure of interception-derived information by inspecting officers and generally limit disclosure by persons engaged in administering this Act (ss 17A–18). There are limited exceptions for the purposes of reports and administration (s 17A(2)).\n  - The NT Minister must forward inspection reports to the Commonwealth Minister and copy other relevant parties (ss 6–7, 17). This supports Commonwealth awareness and oversight of Territory agency practice.\n\n**Who pays, who decides, and expected behaviour changes**\n\n- Who pays: the administrative costs fall on the NT agencies (Police and ICAC) — staff time for record-keeping, secure storage, responding to inspections and producing reports. The Territory may bear civil liability where inspecting officers are protected from suit (s 20(2)).\n\n- Who decides: the Commissioner and the ICAC decide operationally (for example, the Commissioner issues authorisations and certifying officers provide certificates under the Commonwealth Act — see s 4(e) and s 8A(e)). The Ombudsman and the Inspector decide when and how to inspect (ss 9, 15) within statutory duties. The NT Minister decides on administrative follow-up and forwards reports to the Commonwealth Minister (ss 6–7, 17).\n\n- Behaviour changes required: agencies must create and retain the specified records, secure and timely destruction of restricted records when no longer required, grant inspectors broad access and assistance, and avoid unauthorised disclosures subject to penalties (ss 5, 8, 8E, 13, 16C, 17A–19).\n\n**Costs, incentives, trade-offs and implementation risks**\n\n- Compliance burden: Record-keeping, secure storage, and regular reporting (within 3 months of warrant expiry and annual summaries) impose ongoing administrative costs on Police and ICAC (ss 5–6, 8C). Staff training and IT systems may be needed to reliably track the listed particulars.\n\n- Enforcement and deterrence: Criminal penalties for obstructing inspections or wrongful disclosures create strong incentives for compliance by officials (ss 17A–19). The confidentiality offences also restrict how inspection-derived information can be used, which protects privacy but limits transparency outside authorised channels.\n\n- Oversight design and discretion: Inspectors have broad, intrusive powers (entry, copying, compelling testimony) with limited statutory defences for those required to comply (ss 13(1), 16C, 13(5)/16C(5)). That concentrates discretion with inspecting officers and requires careful administrative safeguards to avoid overreach; however, the Act also requires inspectors to give agencies opportunities to comment before reporting contraventions (ss 11, 16A).\n\n- Interplay with Commonwealth law: Many definitions and operational rules are imported from the Commonwealth Act (s 3(2)). That reduces duplication but creates dependency: Territory compliance mechanisms must align with Commonwealth requirements and reporting obligations to the Commonwealth Minister (ss 6–7, 8D). Failure in local compliance could have Commonwealth-level consequences.\n\n- Effects on private enterprise: The Act governs public agencies’ handling of intercepted communications rather than placing new obligations on private businesses. Communication service providers remain subject to Commonwealth warrants under the Commonwealth Act; this Territory Act affects what happens after intercepted material reaches NT agencies.\n\n**Key sections to note**\n- Record-keeping and particulars: ss 4–5 (Police); ss 8A–8B (ICAC).\n- Reporting to Minister and Commonwealth Minister: ss 6–7, 8C–8D, 17.\n- Inspection powers and compulsion: ss 13 (Police inspections), 16C (ICAC inspections).\n- Confidentiality and offences: ss 17A–19.\n- Liability protections: s 20.\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2001 Act appears to have covered only the NT Police Force. The 2018 amendments (Act No. 3 of 2018) significantly expanded the scope by adding the ICAC as a second agency with equivalent powers and oversight. This effectively doubled the Act's coverage, adding Part 2 Division 2 (records), Part 3A (inspections), and new definitions. The long title was also amended from referring only to the Police Force to including 'and the ICAC'."},"complexity_factors":["Mirror structure: The Act essentially duplicates its entire framework for two separate agencies (Police Force in Part 2 Division 1/Part 3, and ICAC in Part 2 Division 2/Part 3A), creating parallel but slightly different regimes","Heavy reliance on external legislation: The Act incorporates definitions and concepts from the Commonwealth Telecommunications (Interception and Access) Act 1979 by reference, meaning readers must cross-reference federal law to understand key terms like 'warrant', 'restricted record', and 'agency'","Multiple oversight bodies: The Act involves four different oversight/reporting entities (NT Ombudsman for Police, Inspector for ICAC, NT Minister, and Commonwealth Minister) with different reporting lines","Conditional destruction rules: Section 8 and 8E contain conditional logic for when restricted records must be destroyed (when 'not likely to be required for a permitted purpose'), creating subjective thresholds","Use immunity provisions: Sections 14 and 16D contain complex evidentiary rules about when information provided to inspecting officers can and cannot be used in proceedings","Overlapping confidentiality regimes: Sections 17A and 18 create parallel but distinct confidentiality obligations with different scopes and exceptions"],"plain_english_summary":"This law sets up the rules for how the Northern Territory Police and the Independent Commissioner Against Corruption (ICAC) can legally tap phones and intercept communications, and how those activities are monitored.\n\n**What it does:**\n- **Enables phone tapping:** It allows the NT Police and ICAC to be declared as 'agencies' under the Commonwealth Telecommunications (Interception and Access) Act 1979. This means they can apply for warrants to intercept phone calls and other communications.\n- **Record keeping:** It requires both the Police Commissioner and the ICAC to keep detailed records of every interception, including:\n  - Copies of warrants and authorisations\n  - When interceptions started and stopped\n  - Who carried them out\n  - How the information was used and who it was shared with\n  - Chain of custody for any recorded material (who had it and when)\n- **Reporting:** Both agencies must regularly report to the NT Minister and the Commonwealth Minister about their interception activities.\n- **Oversight:** The NT Ombudsman inspects Police records, while the Inspector (a separate oversight body for the ICAC) inspects ICAC records. These inspectors can:\n  - Enter police/ICAC premises\n  - Access all relevant records\n  - Copy documents\n  - Require staff to answer questions or provide information\n  - Report any rule-breaking to the Minister\n- **Confidentiality:** Strict secrecy rules apply. Anyone involved in administering the Act who discloses intercepted information without authority faces up to 12 months in prison or a heavy fine.\n- **Protection:** The Ombudsman, Inspector and their staff are protected from being sued for actions taken in good faith under this law.\n\n**Who it affects:**\n- NT Police officers and ICAC staff who conduct interceptions\n- The Ombudsman and Inspector who provide oversight\n- NT and Commonwealth Government Ministers who receive reports\n- Anyone whose communications might be intercepted under a warrant\n\n**Why it matters:**\nPhone tapping is a serious invasion of privacy. This law ensures that when NT Police or the ICAC do intercept communications, they follow strict rules, keep proper records, and are subject to independent scrutiny. It balances law enforcement needs against privacy protections by requiring warrants, detailed record-keeping, and regular inspections."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-northern-territory-act-2001","history":"/api/acts/telecommunications-interception-northern-territory-act-2001/history","analysis":"/api/acts/telecommunications-interception-northern-territory-act-2001/analysis","conflicts":"/api/acts/telecommunications-interception-northern-territory-act-2001/conflicts","importantCases":"/api/acts/telecommunications-interception-northern-territory-act-2001/important-cases","documents":"/api/acts/telecommunications-interception-northern-territory-act-2001/documents"}}