Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person commits an offence if:
(a) the person intentionally gives information to another person; and
(b) the other person is an officer or authorised person; and
(c) the information is misleading and the person has knowledge of that circumstance; and
(d) the officer or authorised person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person; and
(b) the other person is an officer or authorised person; and
(c) the document contains misleading information and the person has knowledge of that circumstance; and
(d) the officer or authorised person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant, when giving the information or document:
(a) draws the misleading aspect of the information or document to the officer or authorised person's attention; and
(b) to the extent to which the defendant can reasonably do so – gives the officer or authorised person the information necessary to remedy the misleading aspect of the information or document.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters in subsection (4) (see section 43BU of the Criminal Code).
(5) In this section:
"acting in an official capacity", in relation to an officer or authorised person, means the officer or authorised person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
(1) Section 28(1)(a) and (b)
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(a) require an owner or occupier of land to provide information concerning the origin and destination of any thing on the land;
(b) require the owner or person in control of a vehicle, boat, aircraft or animal to stop the vehicle, boat, aircraft or animal;
(ba) search or inspect a vehicle, boat, aircraft or animal required to stop under paragraph (b) for the presence of declared weeds or potential weeds;
(bb) require any person to provide the person's name and address;
(2) Section 28(1)(f)
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(3) After section 28(1)(f)
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(g) order the owner or occupier of land on which a declared weed or potential weed is located to treat the land or destroy plants on the land to control or eradicate the declared weed or potential weed on the land;
(h) order the owner or occupier of land on which a declared weed or potential weed is located to transport the declared weed or potential weed to a designated weed disposal area within the time and in the manner specified by the officer;
(i) mark or tag a declared weed or potential weed, or a container for a declared weed or potential weed, with any notice of a requirement under this Act in relation to the declared weed or potential weed or the container (as the case requires);
(j) require a holder of an access permit or a permit to produce the access permit or permit for inspection;
(k) take photographs and make sketches or other records of land, premises, things found on land or premises or of any other thing;
(l) make recordings in any medium, including audio, visual and audio-visual recordings, of land, premises, things found on land or premises or of any other thing;
(m) seize any of the following things:
(i) a declared weed;
(ii) a potential weed;
(iii) a container for a declared weed or potential weed;
(iv) a document;
(v) any equipment required to access any document;
(n) authorise a person to provide assistance to an officer in the exercise of an officer's powers.
After section 28, in Part 6
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