Failure to comply with request for information
37 Failure to comply with request for information
A person commits an offence if:
(a) the Commissioner makes a request of the person under section 35(1); and
(b) the person engages in conduct that results in the person failing to comply with the request.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(2) It is a defence to a prosecution for an offence against subsection (1) if:
the defendant has a reasonable excuse; or
(b) a certificate under subsection (3) or (4) has been given in relation to the request; or
(c) a Supreme Court Judge has decided the defendant would be able to refuse to comply with the request on the ground of a privilege had the request been made in a criminal proceeding; or
(d) a Supreme Court Judge has decided any benefits arising from complying with the request will be outweighed by the damage to the defendant's financial interests or privacy as a result of the compliance.
(3) The Commissioner of Police may certify in writing that compliance with the request would:
prejudice the investigation of any unlawful conduct; or
(b) disclose a confidential source of information in relation to the administration of a law; or
(c) prejudice the effectiveness of a method or procedure in relation to the administration of a law; or
facilitate a person's escape from lawful custody; or
endanger the safety of a person.
(4) The Administrator may certify in writing that compliance with the request would be contrary to the public interest.
(5) Without limiting subsection (4), the Administrator may do so if the Administrator is satisfied the compliance would involve:
(a) a disclosure of communications between the Administrator and the Executive Council or a member of the Executive Council; or
(b) a disclosure of communications between one or more of the following:
a Minister of the Territory;
a Minister of the Commonwealth;
a Minister of a State or another Territory; or
a disclosure of a deliberation or decision of:
the Executive Council or a committee of the Executive Council; or
(ii) a committee of the Legislative Assembly formed to advise the Administrator or a Minister; or
(iii) the Cabinet of the Territory or of the Commonwealth, a State or another Territory.
(6) The person who receives the request may apply to a Supreme Court Judge for a decision about the application of subsection (2)(c) or (d) to the person.
The person bears the legal burden of proof for the application.
(8) Subject to the decision of the Supreme Court Judge, the application must be made in accordance with the Rules of Court made under the Supreme Court Act 1979.
(9) The Supreme Court Judge may make any orders necessary for the practical operation of section 35 including, for example, amending the notice.
This Act’s bill:Explanatory statement
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