NTIn ForceAct
Information Act 2002
46Security and law enforcement
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46 Security and law enforcement
(1) Information is exempt under section 44 if disclosure of the
information would prejudice:
(a) the security or defence of the Commonwealth or a State or
Territory of the Commonwealth; or
(b) the maintenance of law and order in the Territory as specified
in subsections (2) and (3).
(2) The disclosure of information prejudices the maintenance of law
and order in the Territory if it:
(a) prejudices the investigation of a breach or possible breach of
the law (whether generally or in a particular case); or
(b) discloses the identity of a confidential source of information
connected with the detection of unlawful conduct or the
enforcement or administration of the law; or
(c) discloses methods or procedures for preventing, detecting,
investigating or otherwise dealing with matters connected with
breaches or evasions of the law and disclosure of those
methods or procedures prejudices or is likely to prejudice their
effectiveness; or
(d) discloses a matter that facilitates or is likely to facilitate a
person's escape from lawful custody; or
(e) endangers the life or physical safety of a person; or
(f) is information, originating from a Police Force Intelligence
Division, relating to an authorised operation or a
corresponding authorised operation as defined in section 3 of
the Police (Special Investigative and Other Powers) Act 2015;
or
(g) reveals that an assumed identity, acquired or used by a
person in accordance with Part 3 of the Police (Special
Investigative and Other Powers) Act 2015, is not the person's
real identity; or
(h) reveals the identity of an operative (as defined in section 73 of
the Police (Special Investigative and Other Powers) Act 2015),
or where the operative lives, where the disclosure is not:
(i) authorised by leave or an order under section 81 of that
Act; or
Information Act 2002 36
(ii) permitted under section 84 of that Act.
(3) The disclosure of information does not prejudice the maintenance
of law and order in the Territory if it discloses information that:
(a) reveals that the scope of a law enforcement investigation has
exceeded limits imposed by law; or
(b) reveals the use of illegal methods or procedures for
preventing, detecting, investigating, or dealing with matters
arising out of, breaches or evasion of the law; or
(c) contains a general outline of the structure of a program
adopted by a public sector organisation for investigating
breaches of, or enforcing or administering, the law; or
(d) is a report on the degree of success achieved in a program
adopted by a public sector organisation for investigating
breaches of, or enforcing or administering, the law; or
(e) is a report prepared in the course of routine law enforcement
inspections or investigations by a public sector organisation
that has a function of enforcing and regulating compliance with
a particular law other than the criminal law; or
(f) is a report on a law enforcement investigation where the
substance of the report has been disclosed to the person or
body the subject of the investigation.