NTIn ForceAct
Information Act 2002
147Concealing or disposing of government information to prevent
Start here
Get a plain-English read of 147
Turn the raw legal text into a practical explanation grounded in Information Act 2002.
147 Concealing or disposing of government information to prevent
access or correction
(a) the person intentionally conceals, or destroys or otherwise
disposes of, information; and
(b) the information is government information; and
(c) the person is reckless that concealing, or destroying or
otherwise disposing of, the information prevents a public
sector organisation from providing access to or correcting the
Maximum penalty: 100 penalty units or imprisonment for
6 months.
(1A) Strict liability applies to subsection (1)(b).
(2) For subsection (1), it is irrelevant whether or not an application
under Part 3, Division 2 for access to the information had been
made.
Information Act 2002 91
(3) Subsection (1) does not apply to a person who destroys or
otherwise disposes of government information:
(a) in the ordinary course of the operations of a public sector
(b) in compliance with a relevant practice or procedure of a public
sector organisation; or
(c) in compliance with a standard applicable to a public sector
(d) in compliance with this Act or another Act or with an
instrument under this Act or another Act; or
(e) in compliance with a decision, direction, order or other
requirement of a court or tribunal; or
(f) if the information had been held by or on behalf of the
Legislative Assembly and the destruction or other disposal is
in accordance with a resolution of the Legislative Assembly.