Commonwealth Numbered Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT 1978 No. 21 of 1978 - SECT 11

11. After section 23 of the Principal Act the following sections are inserted:
Power of Land Council to obtain information and documents
''23A. (1) In this section, 'authorized person' means a person authorized by a
Land Council for the purposes of this section, and any word or phrase that is
defined by section 3 of the Environment Protection (Northern Territory 
Supreme Court) Act 1978 and is used in this section has the same meaning as in
that Act.

''(2) An authorized person may, by notice in writing served either personally
or by post on a person, require the person (in this sub-section referred to as
'the person liable')-

   (a)  to furnish to the authorized person, by writing signed by the person
        liable, or, if the person liable is a body corporate, by a competent
        officer of the body corporate, within the time and in the manner
        specified in the notice, such information in the possession of the
        person liable as is specified in the notice; or

   (b)  to furnish to the authorized person, within the time and in the manner
        specified in the notice, such documents in the possession of the
        person liable as are specified in the notice, being information or
        documents that-

   (c)  relates, or relate, to-

        (i)    uranium mining operations in the Alligator Rivers Region; or

        (ii)   any action taken to comply with any requirement of or having
               effect under a prescribed instrument so far as the requirement
               relates to the effect of those operations on the environment;
               and

   (d)  is, or are, relevant to the question whether or not the Land Council
        should exercise the power conferred on it by section 4 of the
        Environment  Protection (Northern Territory Supreme Court) Act 1978 to
        make application to the Supreme Court of the Northern Territory of
        Australia for the making of an order under that section.

''(3) A person shall not, in purported compliance with a notice served on him
under sub-section (2), knowingly furnish information that is false or
misleading.

Penalty: $1,000. Application to Supreme Court for order with respect to
information or documents
''23B. (1) Where a person who has been served with a notice under section 23A
has refused or failed to comply, or to comply fully, with the notice, the Land
Council concerned may apply to the Supreme Court of the Northern Territory of
Australia for an order under this section against that person.

''(2) The person against whom an order under this section is sought is
entitled to notice of, and to appear in, the proceedings.

''(3) Where, in proceedings under this section, the Court is satisfied that
all or any of the information or documents that was or were required by the
notice to be furnished and has or have not been furnished-

   (a)  is or are in the possession of, or available to, the person against
        whom the order is sought; and

   (b)  is or are information or documents of a kind referred to in paragraphs
        23A (2) (c) and (d), the Court may make an order requiring the person
        against whom the order is sought to furnish to the Land Council
        concerned, within the time and in the manner specified in the order,
        the information or documents as to which the Court is so satisfied.

''(4) The Court shall not, under this section, require a person to furnish
information or a document if the Court is satisfied that compliance with a
requirement to furnish that information or document might tend to incriminate
that person. A person authorized by Land Council to have access to buildings
and places in Region
''23C. (1) In this section, 'authorized person' means a person authorized by a
Land Council for the purposes of this section, and any word or phrase that is
defined by section 3 of the Environment Protection (Northern Territory 
Supreme Court) Act 1978 and is used in this section has the same meaning as in
that Act.

''(2) An authorized person is entitled, with the consent of the occupier, to
full and free access to all buildings and places in the Alligator Rivers
Region for the purpose of obtaining, and reporting to the Land Council, any
information that-

   (a)  relates to-

        (i)    uranium mining operations in the Alligator Rivers Region; or

        (ii)   any action taken to comply with any requirement of or having
               effect under a prescribed instrument so far as the requirement
               relates to the effect of those operations on the environment;
               and

   (b)  is relevant to the question whether or not the Land Council should
        exercise the power conferred on it by section 4 of the
        Environment Protection  (Northern Territory Supreme Court) Act 1978 to
        make application to the Supreme Court of the Northern Territory of
        Australia for the making of an order under that section.

''(3) A person shall not, without reasonable excuse, obstruct or hinder an
authorized person in the exercise of his powers under this section.

Penalty: $1,000 or imprisonment for 6 months. Application to Supreme Court for
order with respect to access
''23D. (1) Where the occupier of a building or place has refused, or is
unwilling, to consent to the entry of an authorized person into that building
or place under section 23C, the Land Council concerned may apply to the
Supreme Court of the Northern Territory of Australia for an order under this
section against the occupier.

''(2) A person against whom an order under this section is sought is entitled
to notice of, and to appear in, the proceedings.

''(3) Where, in proceedings under this section, the Court is satisfied that
access by an authorized person to the building or place to which the
proceedings relate is necessary for the purpose of obtaining information of a
kind referred to in paragraphs 23C (2) (a) and (b), the Court may make an
order requiring the person against whom the order is sought to give his
consent, within a time specified in the order, to the entry of an authorized
person into that building or place for the purpose referred to in section 23C.

''(4) In this section, 'authorized person', means a person who is an
authorized person for the purposes of section 23C. Secrecy
''23E. (1) Sub-section (2) applies to every person who is, or has been-

   (a)  an authorized person;

   (b)  a member of a Land Council; or

   (c)  a member of the staff of a Land Council.

''(2) Subject to sub-section (3), a person to whom this sub-section applies
shall not, either directly or indirectly, except in the performance of his
functions or duties as an authorized person, a member of a Land Council or a
member of the staff of a Land Council, make a record of, or divulge or
communicate to any person, any information concerning the affairs of any other
person acquired by him by reason of his membership of, or employment by, a
Land Council or his activities as an authorized person.

Penalty: $1,000 or imprisonment for 6 months.

''(3) Sub-section (2) does not prevent the communication of information or the
production of a document by a person authorized by a Land Council for the
purpose-

   (a)  to the Supreme Court of the Northern Territory of Australia in support
        of an application made by the Land Council under section 4 of the
        Environment  Protection (Northern Territory Supreme Court) Act 1978 ;

   (b)  to the Minister, to the Permanent Head of the Department that deals
        with matters arising under this Act or to an officer of that
        Department approved by the Permanent Head of that Department; or

   (c)  to a person to whom, in the opinion of the Minister, it is in the
        public interest that the information be communicated or the document
        produced.

''(4) Neither the Permanent Head of the Department that deals with matters
arising under this Act nor an officer of that Department approved by him for
the purposes of sub-section (3) shall, either directly or indirectly, except
for the purpose of advising the Minister in connexion with this Act, make a
record of, or divulge or communicate to any person, any information
communicated to him by a person to whom this section applies, being
information concerning the affairs of another person acquired by the person to
whom this section applies by reason of his membership of, or employment by, a
Land Council or his activities as an authorized person.

Penalty: $1,000 or imprisonment for 6 months.

''(5) Nothing in this section shall be taken to affect the operation of
section 9 of the Ombudsman Act 1976.

''(6) In this section, 'authorized person' means an authorized person for the
purposes of section 23A or 23C.''.