Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies to:
(a) the CEO;
(b) a member of the Board;
(c) a member of the staff of the ACC; and
(d) an examiner.
(2) A person to whom this section applies must not, either directly or indirectly, except for the purposes of a relevant Act or otherwise in connection with the performance of his or her functions under a relevant Act, and either while he or she is or after he or she ceases to be a person to whom this section applies:
(a) make a record of any relevant information; or
(b) divulge or communicate to any person any relevant information.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(3) A person to whom this section applies cannot be required to produce in any court a relevant document, or to divulge or communicate to a court a relevant matter or thing, except where the ACC, or the CEO, the acting CEO, a member of the Board or an examiner in his or her official capacity, is a party to the relevant proceeding or it is necessary to do so:
(a) for the purpose of carrying into effect the provisions of a relevant Act; or
(b) for the purposes of a prosecution instituted as a result of an operation or investigation carried out by the ACC in the performance of its functions.
(4) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
"member of the staff of the ACC" means:
(a) a person referred to in the definition of member of the staff of the ACC in section 4(1) of the ACC Act; or
(b) a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 7 in the performance of the legal practitioner's functions as counsel to the ACC.
"produce" includes permit access to, and "production" has a corresponding meaning.
"relevant Act" means the ACC Act, this Act or any corresponding Act of a State or Territory.
"relevant document" means a document that has come into a person's custody or control in the course of, or because of, the performance of the person's functions under this Act.
"relevant information" means information acquired by a person because of, or in the course of, the performance of the person's functions under this Act.
"relevant matter or thing" means a matter or thing that has come to a person's notice in the performance of the person's functions under this Act.