Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT ACT 2011 (NO 29 OF 2011) - SECT 10

Section 15 replaced

Section 15

repeal, insert

15     Commissioner's investigatory powers

    (1)     For carrying out functions under this Act, the Commissioner may do one or more of the following:

    (a)     at a reasonable time enter and inspect premises occupied by an Agency (other than any part of a premises used as a residence);

    (b)     obtain relevant information from persons as, and in the way, the Commissioner considers appropriate;

    (c)     consult with persons as the Commissioner considers appropriate;

    (d)     make inquiries as the Commissioner considers appropriate.

    (2)     Without limiting subsection (1)(b), the Commissioner may require a person to do one or more of the following:

    (a)     appear before the Commissioner;

    (b)     give information to the Commissioner, on oath or otherwise;

    (c)     produce information or documents to the Commissioner;

    (d)     verify information or a document by statutory declaration.

    (3)     A person appearing before the Commissioner may be represented by a legal practitioner or agent only with the leave of the Commissioner.

    (4)     A person must comply with a requirement under subsection (2).

Maximum penalty:     43 penalty units.

    (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 person establishes a reasonable excuse.

    (7)     Without limiting subsection (6), it is a reasonable excuse if complying with the requirement might tend to incriminate the person.

15A     Relationship with Public Interest Disclosure Act

    (1)     If information is given to the Commissioner under section 22(1) of the Public Interest Disclosure Act , the Commissioner may deal with it under this Act.

    (2)     Subsection (1) does not affect any obligations under the Public Interest Disclosure Act relating to confidentiality of information.

    (3)     In subsection (1):

"deal with" includes exercise a power or perform a function under this Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback