Mineral Royalty Act 1982

(c) contracted by the Territory to provide a service in connection with the administration of this Act; or

must not, directly or indirectly, other than for the purposes of this Act or the contract:

(e) make a record of, or communicate to a person, information concerning the affairs of another person acquired by him or her under this Act because of that office, employment or contract; or

(f) produce to a person, or permit a person to have access to, a document furnished to him or her for the purposes of this Act.

Maximum penalty: 4 penalty units or 6 months imprisonment.

(2) Subsection (1) does not apply to the communication of information or the production of a document by:

(a) the Secretary or a person authorised by the Secretary to another Territory employee for purposes related to the administration or enforcement of this Act; or

(b) the Secretary or a person authorised by the Secretary to the Auditor-General performing a function or exercising of a power under the Audit Act 1995 or another Act in relation to an audit relating to the Agency responsible for this Act; or

(c) a Territory employee performing a function under this Act to a Territory employee performing a function under an Act administered by the Commissioner of Territory Revenue for the purpose of enabling the second-mentioned Territory employee to carry out the second-mentioned function; or

(d) a Territory employee performing a function under this Act to a Territory employee performing a function under the Mineral Titles Act 2010 or the Petroleum Act 1984, where the communication or production is necessary for the efficient administration of this Act; or

(da) a Territory employee, in the course of official functions for purposes related to the Commonwealth Grants Commission Act 1973 (Cth), to the following:

(ii) the Commonwealth Grants Commission (CGC) established under the Commonwealth Grants Commission Act 1973 (Cth);

(iii) a third party designated by the CGC, in relation to information requested by the CGC; or

(e) a Territory employee performing a function under this Act to the Commonwealth in relation to the payment of an amount of royalty under this Act by a holder of a mining tenement on Aboriginal land within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth; or

(ea) a Territory employee exercising or performing a power, duty or function in accordance with an arrangement made under section 7 of the Uranium Royalty (Northern Territory) Act 2009 (Cth) to the Commonwealth; or

(eb) a Territory employee performing a function under this Act or exercising or performing a power, duty or function under the Uranium Royalty (Northern Territory) Act 2009 (Cth) to another Territory employee, where the communication is necessary for the efficient administration of that Commonwealth Act.

(3) Nothing in this section prevents the Auditor-General from disclosing information or publishing a document that he or she has acquired under subsection (2)(b) if the disclosure or publication does not directly or indirectly divulge information identifying the affairs of a particular person.

(4) Nothing in this section prevents a Territory employee from disclosing information or publishing a document that he or she has acquired under subsection (2)(d) if the disclosure or publication:

(a) is in the performance by the employee of a function under the Mineral Titles Act 2010 or the Petroleum Act 1984; and

(b) does not directly or indirectly divulge information identifying the affairs of a particular person.

(a) produce in court an assessment, return, statement, notice, record or other document made or given for the purposes of this Act; or

(b) divulge or communicate to a court a matter or thing that has come or came to his or her notice when performing duties for the purposes of this Act,

unless:

(c) the person about whom the assessment, return, statement, notice, record or other document concerned consents to the production, divulgence or communication; or

(d) the production, divulgence or communication is made in connection with the administration or execution of this Act; or

(e) the production, divulgence or communication is made for the purposes of legal proceedings arising out of this Act or of a report of such legal proceedings.

(5) In this section, Territory employee means a Chief Executive Officer or an employee as defined in the Public Sector Employment and Management Act 1993.