Northern Territory Numbered Acts Northern Territory Numbered Acts(1) This section applies to a person engaged or previously engaged in the administration of this Act.
(2) Without limiting subsection (1), this section also applies to the following persons:
(a) a rail safety officer or a person assisting a rail safety officer;
(b) a person authorised by the Director or a rail safety officer under a provision of this Act to do the act or thing provided for in that provision;
(c) a person who is or was a delegate of the Director;
(d) a person who is or was employed by, or engaged to provide services to or on behalf of, the Director;
(e) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Director.
(3) A person to whom this section applies commits an offence if the person engages in conduct that results in the disclosure or communication of information obtained (whether by that person or otherwise) in the administration of this Act except:
(a) as required or authorised under this Act or another Act; or
(b) with the consent of the person from whom the information was obtained or to whom the information relates; or
(c) in connection with the administration of this Act and corresponding rail safety laws; or
(d) for law enforcement purposes, public safety or to an investigator conducting an investigation under Part 6; or
(e) to a court or in connection with any legal proceedings; or
(f) to a corresponding Rail Safety Regulator; or
(g) in accordance with the Regulations.
Fault elements:
The person:
(a) knows the information is obtained in the administration of this Act; and
(b) intentionally engages in the conduct; and
(c) is reckless as to whether the conduct results in the disclosure of the information.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(4) This section does not prevent:
(a) information being used by the Director or a corresponding Rail Safety Regulator to accumulate aggregate data; or
(b) the Director or a Regulator from authorising use of the aggregate data for research or education.