NORTHERN TERRITORY OF AUSTRALIA
TELECOMMUNICATIONS (INTERCEPTION) NORTHERN
TERRITORY ACT 2001
As in force at 30 November 2018
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
Part 2 Keeping of records of telecommunications
interceptions
Division 1 Records of Police Force
4 Records connected with issue of warrants ...................................... 3
5 Other records connected with an interception ................................. 3
6 Documents to be given to Minister .................................................. 5
7 Documents to be given to Commonwealth Minister......................... 5
8 Keeping and destruction of restricted records ................................. 5
Division 2 Records of the ICAC
8A Records connected with issue of warrants ...................................... 6
8B Other records connected with an interception ................................. 6
8C Documents to be given to Minister .................................................. 7
8D Documents to be given to Commonwealth Minister......................... 8
8E Keeping and destruction of restricted records ................................. 8
Part 3 Inspections of Police Force records and
reports by Ombudsman
Division 1 Inspections and reports
9 General power to inspect and report on Police Force records ......... 9
10 Regular inspections of Police Force records ................................... 9
11 Report on contravention .................................................................. 9
12 Notification of report ...................................................................... 10
Division 2 Powers of inspecting officers
13 General powers for inspections in relation to Police Force ............ 10
Telecommunications (Interception) Northern Territory Act 2001 ii
Division 3 Information arising from inspection
14 Use of information ......................................................................... 11
Part 3A Inspections of ICAC records and reports
by Inspector
Division 1 Inspections and reports
15 General power to inspect and report on ICAC records .................. 12
16 Regular inspections of ICAC records............................................. 12
16A Report on contravention ................................................................ 13
16B Notification of report ...................................................................... 13
Division 2 Powers of inspecting officers
16C General powers for inspections in relation to the ICAC ................. 13
Division 3 Information arising from inspection
16D Use of information ......................................................................... 15
Part 4 Miscellaneous
17 Report to Commonwealth Minister ................................................ 15
17A Confidentiality of information obtained under warrant .................... 15
18 Confidentiality generally ................................................................ 16
19 Offences ........................................................................................ 17
20 Protection of Ombudsman, Inspector and inspecting officers
from liability.................................................................................... 17
21 Regulations.................................................................................... 17
ENDNOTES
TELECOMMUNICATIONS (INTERCEPTION) NORTHERN
TERRITORY ACT 2001
An Act to enable the Police Force of the Northern Territory and the ICAC
to be declared as agencies for the Telecommunications (Interception
and Access) Act 1979 (Cth) and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Telecommunications (Interception)
Northern Territory Act 2001.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Interpretation
(1) In this Act:
Commissioner means the Commissioner of Police.
Commonwealth Act means the Telecommunications (Interception
and Access) Act 1979 (Cth).
Commonwealth Minister means the Minister administering the
Commonwealth Act.
Commonwealth Ombudsman means the office of the
Commonwealth Ombudsman established by the Ombudsman
Act 1976 (Cth).
inspecting officer means:
(a) for records of the Police Force:
(i) the Ombudsman; or
Part 1 Preliminary
Telecommunications (Interception) Northern Territory Act 2001 2
(ii) a public sector employee to whom the Ombudsman has
delegated a function or functions in relation to an
inspection; or
(b) for records of the ICAC:
(i) the Inspector; or
(ii) a person to whom the Inspector has delegated a function
or functions in relation to an inspection.
inspection means:
(a) for records of the Police Force – an inspection under Part 3,
Division 1; or
(b) for records of the ICAC – an inspection under Part 3A,
Division 1.
Inspector, see section 4 of the Independent Commissioner Against
Corruption Act 2017.
member of ICAC staff, see section 4 of the Independent
Commissioner Against Corruption Act 2017.
Ombudsman, see section 4 of the Ombudsman Act 2009.
Police Force means the Police Force of the Northern Territory
established by the Police Administration Act 1978.
possession includes custody and control.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) In this Act each of the following expressions has the same meaning
as in the Commonwealth Act:
(a) agency;
(b) certifying officer;
(d) premises;
(e) restricted record;
(f) warrant;
(g) any other expression not defined in subsection (1) but defined
in the Commonwealth Act.
Part 2 Keeping of records of telecommunications interceptions
Division 1 Records of Police Force
Telecommunications (Interception) Northern Territory Act 2001 3
(3) A reference to a member of the Police Force is to be read as a
reference to an officer of the Police Force for the purposes of the
Commonwealth Act.
Part 2 Keeping of records of telecommunications
interceptions
Division 1 Records of Police Force
4 Records connected with issue of warrants
The Commissioner must keep as records of the Police Force:
(a) each warrant issued to the Police Force; and
(b) a copy of each notification given by the Commissioner under
section 59A(2) of the Commonwealth Act; and
(c) each instrument revoking a warrant issued to the Police Force;
and
(d) a copy of each certificate issued under section 61(4) of the
Commonwealth Act by a certifying officer of the Police Force;
and
(e) each authorisation made by the Commissioner under
section 66(2) of the Commonwealth Act.
5 Other records connected with an interception
(1) The Commissioner must cause the following information to be
recorded as soon as practicable after the event to which it relates
occurs:
(a) particulars of each telephone application for a warrant made
on behalf of the Police Force;
(b) in relation to each application for a warrant made on behalf of
the Police Force, a statement as to whether:
(i) the application was withdrawn or refused; or
(ii) a warrant was issued on the application;
(c) in relation to each warrant whose authority is exercised by the
Police Force, particulars of:
(i) the warrant; and
Part 2 Keeping of records of telecommunications interceptions
Division 1 Records of Police Force
Telecommunications (Interception) Northern Territory Act 2001 4
(ii) the day on which, and the time at which, each
interception under the warrant began; and
(iii) the duration of each such interception; and
(iv) the name of the person who carried out each such
interception; and
(v) in relation to a named person warrant – each service to
or from which communications have been intercepted
under the warrant;
(d) in relation to each restricted record that has at any time been
in the possession of the Police Force, particulars of:
(i) if the record was obtained by an interception under a
warrant – that warrant; and
(ii) each occasion on which the record came (whether by its
making or otherwise) to be in the possession of the
Police Force; and
(iii) each occasion (if any) on which the record ceased
(whether by its destruction or otherwise) to be in the
possession of the Police Force; and
(iv) each agency, body or other person (if any) from whom
the Police Force received the record or to whom the
Police Force supplied the record;
(e) particulars of each use made by the Police Force of lawfully
obtained information;
(f) particulars of each communication of lawfully obtained
information by a member of the Police Force to a person or
body other than another member of the Police Force;
(g) particulars of each occasion on which, to the knowledge of a
member of the Police Force, lawfully obtained information was
given in evidence in a relevant proceeding in relation to the
Police Force.
(2) The Commissioner must keep as records of the Police Force the
information recorded under subsection (1).
Part 2 Keeping of records of telecommunications interceptions
Division 1 Records of Police Force
Telecommunications (Interception) Northern Territory Act 2001 5
6 Documents to be given to Minister
The Commissioner must give to the Minister:
(c) within 3 months after a warrant issued to the Police Force
ceases to be in force, a written report about:
(i) the use made by the Police Force of information
obtained by interceptions under the warrant; and
(ii) the communication of that information to persons other
than members of the Police Force; and
(d) as soon as practicable (and in any event within 3 months)
after each 30 June, a written report that sets out the
information that:
(i) is required by Part 2-8, Division 2 of the Commonwealth
Act to be set out in the Commonwealth Minister's report
under that Division in relation to the year ending on that
30 June; and
(ii) can be derived from the records of the Police Force.
7 Documents to be given to Commonwealth Minister
(1) As soon as practicable after a warrant or instrument revoking a
warrant is issued to the Police Force, the Commissioner must give
a copy of the warrant or instrument to the Commonwealth Minister.
(2) As soon as practicable after receiving a report under section 6(c)
or (d), the Minister must give a copy of the report to the
Commonwealth Minister.
8 Keeping and destruction of restricted records
(1) In this section, a reference to a restricted record is to be read as a
reference to a restricted record that is in the possession of the
Police Force, whether made before or after the commencement of
section 35 of the Commonwealth Act.
(2) Except while a restricted record is being dealt with in accordance
with this Act or the Commonwealth Act, the Commissioner must
cause the restricted record to be kept in a secure place so that it is
not accessible to persons who are not entitled to deal with it.
Part 2 Keeping of records of telecommunications interceptions
Division 2 Records of the ICAC
Telecommunications (Interception) Northern Territory Act 2001 6
(3) The Commissioner must cause a restricted record to be destroyed
without delay if he or she is satisfied that the record is not likely to
be required for a permitted purpose in relation to the Police Force,
other than a purpose connected with an inspection or a report on an
inspection.
Division 2 Records of the ICAC
8A Records connected with issue of warrants
The ICAC must keep as records of the ICAC:
(a) each warrant issued to the ICAC; and
(b) a copy of each notification given by the ICAC under
section 59A(2) of the Commonwealth Act; and
(c) each instrument revoking a warrant issued to the ICAC; and
(d) a copy of each certificate issued under section 61(4) of the
Commonwealth Act by a certifying officer of the ICAC; and
(e) each authorisation made by the ICAC under section 66(2) of
the Commonwealth Act.
8B Other records connected with an interception
(1) The ICAC must cause the following information to be recorded as
soon as practicable after the event to which it relates occurs:
(a) particulars of each telephone application for a warrant made
on behalf of the ICAC;
(b) in relation to each application for a warrant made on behalf of
the ICAC, a statement as to whether:
(i) the application was withdrawn or refused; or
(ii) a warrant was issued on the application;
(c) in relation to each warrant whose authority is exercised by the
ICAC, particulars of:
(i) the warrant; and
(ii) the day on which, and the time at which, each
interception under the warrant began; and
(iii) the duration of each such interception; and
Part 2 Keeping of records of telecommunications interceptions
Division 2 Records of the ICAC
Telecommunications (Interception) Northern Territory Act 2001 7
(iv) the name of the person who carried out each such
interception; and
(v) in relation to a named person warrant – each service to
or from which communications have been intercepted
under the warrant;
(d) in relation to each restricted record that has at any time been
in the possession of the ICAC, particulars of:
(i) if the record was obtained by an interception under a
warrant – that warrant; and
(ii) each occasion on which the record came (whether by its
making or otherwise) to be in the possession of the
ICAC; and
(iii) each occasion (if any) on which the record ceased
(whether by its destruction or otherwise) to be in the
possession of the ICAC; and
(iv) each agency, body or other person (if any) from whom
the ICAC received the record or to whom the ICAC
supplied the record;
(e) particulars of each use made by the ICAC of lawfully obtained
information;
(f) particulars of each communication of lawfully obtained
information by the ICAC or a member of ICAC staff to a
person or body other than the ICAC or another member of
ICAC staff;
(g) particulars of each occasion on which, to the knowledge of the
ICAC or a member of ICAC staff, lawfully obtained information
was given in evidence in a relevant proceeding in relation to
the ICAC.
(2) The ICAC must keep as records of the ICAC the information
recorded under subsection (1).
8C Documents to be given to Minister
The ICAC must give to the Minister:
(a) within 3 months after a warrant issued to the ICAC ceases to
be in force, a written report about:
(i) the use made by the ICAC of information obtained by
interceptions under the warrant; and
Part 2 Keeping of records of telecommunications interceptions
Division 2 Records of the ICAC
Telecommunications (Interception) Northern Territory Act 2001 8
(ii) the communication of that information to persons other
than the ICAC or members of ICAC staff; and
(b) as soon as practicable (and in any event within 3 months)
after each 30 June, a written report that sets out the
information that:
(i) is required by Part 2-8, Division 2 of the Commonwealth
Act to be set out in the Commonwealth Minister's report
under that Division in relation to the year ending on that
30 June; and
(ii) can be derived from the records of the ICAC.
8D Documents to be given to Commonwealth Minister
(1) As soon as practicable after a warrant or instrument revoking a
warrant is issued to the ICAC, the ICAC must give a copy of the
warrant or instrument to the Commonwealth Minister.
(2) As soon as practicable after receiving a report under section 8C(a)
or (b), the Minister must give a copy of the report to the
Commonwealth Minister.
8E Keeping and destruction of restricted records
(1) In this section, a reference to a restricted record is to be read as a
reference to a restricted record that is in the possession of the
ICAC, whether made before or after the commencement of
section 35 of the Commonwealth Act.
(2) Except while a restricted record is being dealt with in accordance
with this Act or the Commonwealth Act, the ICAC must cause the
restricted record to be kept in a secure place so that it is not
accessible to persons who are not entitled to deal with it.
(3) The ICAC must cause a restricted record to be destroyed without
delay if the ICAC is satisfied that the record is not likely to be
required for a permitted purpose in relation to the ICAC, other than
a purpose connected with an inspection or a report on an
inspection.
Part 3 Inspections of Police Force records and reports by Ombudsman
Division 1 Inspections and reports
Telecommunications (Interception) Northern Territory Act 2001 9
Part 3 Inspections of Police Force records and
reports by Ombudsman
Division 1 Inspections and reports
9 General power to inspect and report on Police Force records
(1) The Ombudsman may at any time:
(a) inspect the records of the Police Force to determine
compliance by members of the Police Force with Part 2,
Division 1 during any period; and
(b) report to the Minister about the results of the inspection.
(2) The Ombudsman may do anything necessary or convenient for the
purposes of subsection (1).
10 Regular inspections of Police Force records
(1) At least once in each period of 6 months, the Ombudsman must
inspect the records of the Police Force to determine compliance by
members of the Police Force with Part 2, Division 1 since the last
inspection.
(2) Not later than 3 months after the end of each financial year, the
Ombudsman must report in writing to the Minister on the results of
inspections carried out in that financial year.
11 Report on contravention
If, as a result of an inspection, the Ombudsman is of the opinion
that a member of the Police Force has contravened the
Commonwealth Act or the Commissioner has contravened
section 6(c), the Ombudsman must:
(a) allow the Commissioner an opportunity to provide written
comments in respect of that matter; and
(b) include in the report under section 9(1)(b) or 10(2):
(i) a report on the contravention; and
(ii) a copy of the written comments of the Commissioner.
Part 3 Inspections of Police Force records and reports by Ombudsman
Division 2 Powers of inspecting officers
Telecommunications (Interception) Northern Territory Act 2001 10
12 Notification of report
If the Ombudsman has provided a report under this Division to the
Minister, the Ombudsman:
(a) must notify the Commonwealth Minister, in writing, that the
report has been given; and
(b) must provide the Commissioner with a copy of the report.
Division 2 Powers of inspecting officers
13 General powers for inspections in relation to Police Force
(1) For the purposes of an inspection in relation to the Police Force, an
inspecting officer:
(a) after notifying the Commissioner, may enter at any reasonable
time premises occupied by the Police Force; and
(b) is to have full and free access at all reasonable times to all
records of the Police Force that the inspecting officer
considers are relevant to the inspection; and
(c) despite any other law, may:
(i) make copies of; and
(ii) take extracts from;
records of the Police Force that the inspecting officer
considers are relevant to the inspection; and
(d) may require a member of the Police Force to provide to the
inspecting officer any information that the inspecting officer
considers is relevant to the inspection and that is in the
member's possession or to which the member has access.
(2) If an inspecting officer has reason to believe that a member of the
Police Force is able to provide information relevant to an inspection,
the inspecting officer may, by written notice provided to the
member:
(a) require the member to provide the information:
(i) in writing and signed by the member; and
(ii) at a place specified in the notice; and
(iii) within a period specified in the notice; and
Part 3 Inspections of Police Force records and reports by Ombudsman
Division 3 Information arising from inspection
Telecommunications (Interception) Northern Territory Act 2001 11
(b) require the member, for the purpose of answering questions
relevant to the inspection, to attend before an inspecting
officer specified in the notice at the place, and within the
period or at the time, specified in the notice.
(3) If an inspecting officer has reason to believe that a member of the
Police Force may be able to provide information relevant to an
inspection but does not know the member's identity, the inspecting
officer may require the Commissioner or a person nominated by the
Commissioner to attend before an inspecting officer specified in the
requirement for the purpose of answering questions relevant to the
inspection or to identifying the member who may be able to provide
the information.
(4) A requirement under subsection (3) is to be made by written notice
provided to the Commissioner and specify the place at which, and
the period within which or the time at which, the Commissioner or
nominated person is to attend.
(5) Despite any other law, a person is not excused from providing
information, answering a question or giving access to a document if
required by or under this section on the ground that to do so would
contravene a law, would be contrary to the public interest or might
tend to incriminate the person or make the person liable to a
penalty.
(6) The Commissioner must ensure that members of the Police Force
provide an inspecting officer with the assistance in relation to an
inspection as the inspecting officer reasonably requires.
Division 3 Information arising from inspection
14 Use of information
(1) The following are not admissible in evidence against a person
except in proceedings for an offence against section 17A(1), 18(1)
or 19(1) or (2):
(a) information provided or an answer given by the person under
section 13 or as required by an inspecting officer under that
section;
(b) the fact that the person has given access to a document under
section 13;
(c) any information or thing (including a document) obtained
directly or indirectly in consequence of the person having
provided information or given an answer or access to a
document under section 13 or as required by an inspecting
Part 3A Inspections of ICAC records and reports by Inspector
Division 1 Inspections and reports
Telecommunications (Interception) Northern Territory Act 2001 12
officer under that section.
(2) Despite any other law, the Ombudsman and any inspecting officer
may make use of, make a record of or provide to another inspecting
officer and to the Ombudsman any information that:
(a) is obtained during or as a result of an inspection; and
(b) is relevant to the inspection.
(3) The Ombudsman may provide information of a kind mentioned in
subsection (1) to the Commonwealth Ombudsman if satisfied that
the provision of the information is relevant to the performance of the
Commonwealth Ombudsman's functions under the Commonwealth
Act.
Part 3A Inspections of ICAC records and reports by
Inspector
Division 1 Inspections and reports
15 General power to inspect and report on ICAC records
(1) The Inspector may at any time:
(a) inspect the records of the ICAC to determine compliance by
the ICAC and members of ICAC staff with Part 2, Division 2
during any period; and
(b) report to the Minister about the results of the inspection.
(2) The Inspector may do anything necessary or convenient for the
purposes of subsection (1).
16 Regular inspections of ICAC records
(1) At least once in each period of 6 months, the Inspector must
inspect the records of the ICAC to determine compliance by the
ICAC and members of ICAC staff with Part 2, Division 2 since the
last inspection.
(2) Not later than 3 months after the end of each financial year, the
Inspector must report in writing to the Minister on the results of
inspections carried out in that financial year.
Part 3A Inspections of ICAC records and reports by Inspector
Division 2 Powers of inspecting officers
Telecommunications (Interception) Northern Territory Act 2001 13
16A Report on contravention
If, as a result of an inspection, the Inspector is of the opinion that
the ICAC or a member of ICAC staff has contravened the
Commonwealth Act or the ICAC has contravened section 8C(a), the
Inspector must:
(a) allow the ICAC an opportunity to provide written comments in
respect of that matter; and
(b) include in the report under section 15(1)(b) or 16(2):
(i) a report on the contravention; and
(ii) a copy of the written comments of the ICAC.
16B Notification of report
If the Inspector has provided a report under this Division to the
Minister, the Inspector:
(a) must notify the Commonwealth Minister, in writing, that the
report has been given; and
(b) must provide the ICAC with a copy of the report.
Division 2 Powers of inspecting officers
16C General powers for inspections in relation to the ICAC
(1) For an inspection in relation to the ICAC, an inspecting officer:
(a) after notifying the ICAC, may enter at any reasonable time
premises occupied by the ICAC; and
(b) is to have full and free access at all reasonable times to all
records of the ICAC that the inspecting officer considers are
relevant to the inspection; and
(c) despite any other law, may make copies of, and take extracts
from, records of the ICAC that the inspecting officer considers
are relevant to the inspection; and
(d) may require the ICAC or a member of ICAC staff to provide to
the inspecting officer any information that the inspecting officer
considers is relevant to the inspection and that is in the ICAC's
or member's possession or to which the ICAC or member has
access.
Part 3A Inspections of ICAC records and reports by Inspector
Division 2 Powers of inspecting officers
Telecommunications (Interception) Northern Territory Act 2001 14
(2) If an inspecting officer has reason to believe that the ICAC or a
member of ICAC staff is able to provide information relevant to an
inspection, the inspecting officer may, by written notice provided to
the ICAC or member:
(a) require the ICAC or member to provide the information:
(i) in writing and signed by the ICAC or member; and
(ii) at a place specified in the notice; and
(iii) within a period specified in the notice; and
(b) require the ICAC or member, for the purpose of answering
questions relevant to the inspection, to attend before an
inspecting officer specified in the notice at the place, and
within the period or at the time, specified in the notice.
(3) If an inspecting officer has reason to believe that a member of ICAC
staff may be able to provide information relevant to an inspection
but does not know the member's identity, the inspecting officer may
require the ICAC or a person nominated by the ICAC to attend
before an inspecting officer specified in the requirement for the
purpose of answering questions relevant to the inspection or to
identifying the member who may be able to provide the information.
(4) A requirement under subsection (3) is to be made by written notice
provided to the ICAC and specify the place at which, and the period
within which or the time at which, the ICAC or nominated person is
to attend.
(5) Despite any other law, a person is not excused from providing
information, answering a question or giving access to a document if
required by or under this section, on the ground that to do so would
contravene a law, would be contrary to the public interest or might
tend to incriminate the person or make the person liable to a
penalty.
(6) The ICAC must ensure that members of ICAC staff provide an
inspecting officer with the assistance in relation to an inspection as
the inspecting officer reasonably requires.
Part 4 Miscellaneous
Telecommunications (Interception) Northern Territory Act 2001 15
Division 3 Information arising from inspection
16D Use of information
(1) The following are not admissible in evidence against a person
except in proceedings for an offence against section 17A(1), 18(1)
or 19(1) or (2):
(a) information provided or an answer given by the person under
section 16C or as required by an inspecting officer under that
section;
(b) the fact that the person has given access to a document under
section 16C;
(c) any information or thing (including a document) obtained
directly or indirectly as a consequence of the person having
provided information or given an answer or access to a
document under section 16C or as required by an inspecting
officer under that section.
(2) Despite any other law, the Inspector and any inspecting officer may
make use of, make a record of, or provide to another inspecting
officer and to the Inspector any information that:
(a) is obtained during or as a result of an inspection; and
(b) is relevant to the inspection.
(3) The Inspector may provide information of a kind mentioned in
subsection (1) to the Commonwealth Ombudsman if satisfied that
the provision of the information is relevant to the performance of the
Commonwealth Ombudsman's functions under the Commonwealth
Act.
Part 4 Miscellaneous
17 Report to Commonwealth Minister
As soon as practicable after receiving a report under Part 3,
Division 1 or Part 3A, Division 1, the Minister must provide a copy
of the report to the Commonwealth Minister.
17A Confidentiality of information obtained under warrant
(1) Except as otherwise allowed by this Act, an inspecting officer must
not record or disclose information that:
(a) was obtained by a person under a warrant; and
Part 4 Miscellaneous
Telecommunications (Interception) Northern Territory Act 2001 16
(b) became known by the inspecting officer during or as the result
of an inspection.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(2) Subsection (1) does not prevent an inspecting officer from:
(a) disclosing in a report under Part 3 or 3A 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 the person is or was
engaged in the administration of this Act.
(4) Subsections (1) and (3) apply despite the provisions of another Act
that would otherwise allow the person to record, disclose or be
compelled in a proceeding to disclose the information, if:
(a) information obtained under a warrant became known by a
person because the person is, or was:
(i) an inspecting officer; and
(ii) exercising a power or performing a function under this
Act; and
(b) the same information also became known by the person
because the person is, or was, engaged in the administration
of the other Act.
18 Confidentiality generally
(1) Except as allowed by this Act, a person who is or was engaged in
the administration of this Act must not disclose any information or
record obtained by the person through his or her engagement in the
administration of this Act unless the disclosure is made under this
Act or under the Commonwealth Act.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
Part 4 Miscellaneous
Telecommunications (Interception) Northern Territory Act 2001 17
(2) Subsection (1) applies despite the provisions of another Act that
may allow a person to disclose the information or record because
the person was engaged in the administration of the other Act and
the provisions of the other Act do not apply in respect of that
information or record.
19 Offences
(1) A person must not, without reasonable excuse:
(a) refuse or fail to comply with a requirement made under
section 13(1), (2) or (3) or 16C(1), (2) or (3); or
(b) obstruct or hinder an inspecting officer who is exercising
powers under section 13 or 16C.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(2) A person must not provide information that the person knows to be
false or misleading in a material particular to an inspecting officer
who is exercising powers under section 13 or 16C.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
20 Protection of Ombudsman, Inspector and inspecting officers
from liability
(1) Except as otherwise provided by sections 17A and 18, the
Ombudsman, the Inspector or an inspecting officer does not incur
any liability in respect of any act done (or omitted to be done) in
good faith:
(a) in the performance or exercise, or the purported performance
or exercise, of any function or power under this Act; or
(b) in the administration, or the purported administration, of this
Act.
(2) If subsection (1) prevents civil liability attaching to a person, the
liability attaches instead to the Territory.
21 Regulations
(1) The Administrator may make regulations under this Act.
Part 4 Miscellaneous
Telecommunications (Interception) Northern Territory Act 2001 18
(2) Without limiting the generality of subsection (1), the Regulations
may apply differently according to matters, limitations or
restrictions, whether as to time, circumstance or otherwise,
specified in the Regulations.
(3) The Regulations may provide for penalties not exceeding 5 penalty
units for offences against the Regulations and, in the case of a
continuing offence, a further penalty not exceeding 1 penalty unit
for each day during which the offence continues after the first day.
ENDNOTES
Telecommunications (Interception) Northern Territory Act 2001 19
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Telecommunications (Interception) Northern Territory Act 2001 (Act No. 23, 2001)
Assent date 19 July 2001
Commenced 31 May 2006 (Gaz G22, 31 May 2006, p 2)
Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)
Assent date 15 September 2004
Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)
Ombudsman Act 2009 (Act No. 5, 2009)
Assent date 12 March 2009
Commenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)
Telecommunications (Interception) Northern Territory Amendment Act 2010 (Act
No. 45, 2010)
Assent date 13 December 2010
Commenced 13 December 2010
Independent Commissioner Against Corruption (Consequential and Related
Amendment) Act 2018 (Act No. 3, 2018)
Assent date 21 February 2018
Commenced 30 November 2018 (s 2, s 2 Independent Commissioner
Against Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,
30 November 2018)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 3.
ENDNOTES
Telecommunications (Interception) Northern Territory Act 2001 20
4 LIST OF AMENDMENTS
lt amd No. 45, 2010, s 3; No. 3, 2018, s 82
s 3 amd No. 54, 2004, s 7; No. 5, 2009, s 179; No. 45, 2010, s 9; No. 3, 2018,
s 83
pt 2
div 1 hdg ins No. 3, 2018, s 84
s 4 amd No. 45, 2010, s 4
s 5 amd No. 45, 2010, s 9
s 6 amd No. 45, 2010, s 5
s 7 sub No. 45, 2010, s 6
pt 2
div 2 hdg ins No. 3, 2018, s 85
ss 8A – 8E ins No. 3, 2018, s 85
pt 3 hdg amd No. 3, 2018, s 86
s 9 amd No. 3, 2018, s 87
s 10 amd No. 3, 2018, s 88
s 11 amd No. 45, 2010, s 7; No. 3, 2018, s 89
s 13 amd No. 45, 2010, s 9; No. 3, 2018, s 90
s 14 amd No. 3, 2018, s 91
pt 3A hdg ins No. 3, 2018, s 92
pt 3A
div 1 hdg ins No. 3, 2018, s 92
s 15 sub No. 3, 2018, s 92
s 16 amd No. 45, 2010, s 9
sub No. 3, 2018, s 92
ss 16A – 16B ins No. 3, 2018, s 92
pt 3A
div 2 hdg ins No. 3, 2018, s 92
s 16C ins No. 3, 2018, s 92
pt 3A
div 3 hdg ins No. 3, 2018, s 92
s 16D ins No. 3, 2018, s 92
s 17 amd No. 45, 2010, s 9; No. 3, 2018, s 93
s 17A ins No. 3, 2018, s 94
s 18 amd No. 45, 2010, s 9; No. 3, 2018, s 95
s 19 amd No. 45, 2010, s 9; No. 3, 2018, s 96
s 20 rep No. 45, 2010, s 8
ins No. 3, 2018, s 97
s 21 amd No. 45, 2010, s 9