Northern Territory Numbered Acts

INDEPENDENT COMMISSIONER AGAINST CORRUPTION AMENDMENT ACT 2023 (NO 29 OF 2023) - SECT 40

After section 139

insert

139A     Power to require person to attend Inspector for questioning etc.

    (1)     The Inspector may require the ICAC or any member of ICAC staff to attend the Inspector to answer questions or produce documents in relation to a complaint being dealt with or an evaluation being conducted by the Inspector.

    (2)     The person required to attend must be given a written notice requiring the person to attend at a specified time and place.

    (3)     The notice may require the person to bring and produce to the Inspector specified items, or items of a specified kind, in the person's possession or control relevant to the matter.

    (4)     The Inspector may require a person attending to do one or more of the following:

    (a)     take an oath to answer all questions truthfully;

    (b)     answer a question relevant to the matter asked by the Inspector;

    (c)     produce any items in the possession or control of the person relevant to the complaint or evaluation.

139B     Inspection and copies of documents

    (1)     The Inspector may inspect any documents or other items produced to the Inspector under this Act.

    (2)     The Inspector may:

    (a)     retain any document or other item produced to the Inspector for any reasonable period the Inspector thinks appropriate; and

    (b)     make a copy of or take an extract from any document produced to the Inspector if the Inspector is of the opinion the copy or extract is relevant to a function of the Inspector in relation to a matter under this Act.

    (3)     If the retention of a document or other item ceases to be reasonably necessary for the matter to which it relates, the Inspector must return the document or other item to a person who is entitled to possession of the document or other item, on request of the person, unless the document or other item is required as evidence for an offence against this Act or another law of the Territory.

139C     Assistance

    (1)     The Inspector may engage any assistance the Inspector thinks appropriate in relation to a complaint being dealt with or an evaluation being conducted by the Inspector.

    (2)     For subsection (1), the Inspector may, in writing, authorise any person engaged to inspect and report to the Inspector on any document or other item relevant to the complaint or evaluation.