Northern Territory Numbered Acts

ANTI-DISCRIMINATION AMENDMENT ACT 2022 (NO 26 OF 2022) - SECT 43

Before section 108, in Part 8

insert

107A     Documents or information required to be produced or retained

    (1)     In conducting an investigation under this Act, the Commissioner may, in writing, order a person to give the Commissioner:

    (a)     a document or class of documents as specified in the order; or

    (b)     information in the possession of the person relevant to the proceedings as specified in the order.

    (2)     If a document or information is given to the Commissioner under subsection (1), the Commissioner:

    (a)     may take possession of, and copy or take extracts from, the document or information; and

    (b)     may give copies or extracts from the document or information to the complainant or respondent; and

    (c)     may retain possession of the document or information for such period as is reasonably necessary; and

    (d)     may allow a person who, if the document were not in the possession of the Commissioner, would be entitled to inspect it, to inspect the document at all reasonable times.

    (3)     Without limiting subsections (1) and (2), in conducting an investigation the Commissioner may, in writing, order a person to retain a document or class of document specified in the order for a period, of no longer than 6 months, specified in the order.

    (4)     A person commits an offence if the person:

    (a)     is the subject of an order under subsection (1) or (3); and

    (b)     fails to comply with the order.

Maximum penalty:     100 penalty units or imprisonment for 6 months.

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.

107B     Witnesses

    (1)     In conducting an investigation under this Act, the Commissioner may order a person:

    (a)     to take an oath before giving evidence before the Commissioner; and

    (b)     to answer a question asked by the Commissioner.

    (2)     A person commits an offence if the person:

    (a)     is the subject of an order of the Commissioner under subsection (1); and

    (b)     fails to comply with the order.

Maximum penalty:     100 penalty units or imprisonment for 6 months.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.