2016

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

CHIEF MINISTER 

INQUIRIES AMENDMENT BILL 2016
SERIAL NO. 151

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of the Bill is to amend the Inquiries Act (the Act) to allow a member of a Board of Inquiry or a Commissioner, or any person authorised by the Act, to have power to seize any item, book, document or paper that they reasonably believe to be related to the inquiry. The Bill creates an offence and penalty provision if a person intentionally obstructs a Board Member, Commissioner or authorised person acting in an official capacity. The Bill also creates a penalty provision for the existing  breach of confidentiality provisions within the Act.  

The Bill updates the Act to comply with the criminal responsibility provision of Part IIAA of the Criminal Code. The Bill also makes several grammatical changes to the Act regarding statute law revisions matters.  

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  

The Bill when passed may be cited as the Inquiries Amendment Act 2016.  

Clause 2.	Commencement

This is a formal clause which provides when the Act will commence. The Act will commence on a day fixed by the Administrator by Gazette notice.  

Clause 3.	Act amended 

This clause provides that this Part of the Bill amends the Inquiries Act. 

Clause 4. 	Section 3 amended 

This clause amends section 3 of the Inquiries Act by inserting the new definition of ‘acting in an official capacity’ and ‘authorised person’. 

‘acting in an official capacity’ means in relation to a Board member, Commissioner or authorised person, means the Board member, Commissioner or authorised person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.  

‘authorised person’ means a person authorised by the Chairperson of the Board or Commissioner under section 6A.  

This clause inserts a note for section 3 that the Interpretation Act contains definitions and other provisions that may be relevant to this Act. 

Clause 5.	Section 3A inserted 

This clause amends section 3 of the Inquiries Act by inserting a new section 3A ‘Application of Criminal Code’. 

Section 3A provides that Part IIAA of the Criminal Code applies to an offence against this Act.  

This clause inserts a note for section 3A that Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deal with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.  

Clause 6. 	Section 6A inserted 

This clause amends section 6 of the Inquiries Act by inserting a new section 6A ‘Authorised persons’. 	

Section 6A provides that a Commissioner, or a Board, appointed to inquire into and report on a matter, may authorise a person or persons to exercise powers and perform functions for the inquiry. It also requires an instrument of authorisation. 

Clause 7.	Section 8 replaced

Clause 7 repeals the existing heading and provisions under section 8 and replaces it with ‘Powers of entry, inspection and seizure’.

This clause inserts a new provision which provides that a Board member, Commissioner or appropriately authorised person, for the purposes of the inquiry in respect of which the Board or Commission is appointed, may without a warrant: (a) enter and search a building or a place; and (b) inspect of makes extract from, or copies of, books, documents or papers; and (c) seize any item, book, document or paper that they reasonably believe to be related to the inquiry.   

This clause amends section 8 of the Inquiries Act by inserting a new section 8A ‘Obstruction of Board member, Commissioner or authorised person’.  

The new section 8A provides that a person commits an offence if the person intentionally obstructs another person; and the other person is a Board member, Commissioner or authorised person; and the person knows the Board member, Commissioner or authorised person is acting in an official capacity. 

The maximum penalty is 100 penalty units and strict liability applies.   

Subsection 8A(3) defines ‘obstruct’ to include hinder and resist.  

Clause 8.	Section 11 and 12 replaced 

This clause repeals the existing sections 11 and 12 and replaces them with new sections.   
The new section 11(1) inserts a contempt provision that provides a person commits an offence if the person intentionally engages in conduct; and the person is reckless as to the conduct constituting contempt of a Board or Commissioner. 

The maximum penalty is 100 penalty units. It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.  

The new section 12 inserts a provision for conduct constituting contempt of the Board or a Commissioner whereby a person’s conduct constitutes contempt if the person: (a) was served with a summons to attend as a witness; and (b) does not comply with the summons.   

Clause 9. 	Section 14 replaced 

This clause repeals the existing section 14 with a new section 14 on misleading information.   

The new subsection 14(1) provides that a person commits an offence if the person gives information to a Board Member, Commission or authorised person acting in an official capacity and the person knows the information is misleading.  

The new subsection 14(2) provides that a person commits and offence if the person gives a document to a Board Member, Commission or authorised person acting in an official capacity and the person knows the documents contain misleading information.  

The maximum penalty for each offence is 12 months imprisonment and strict liability applies.  

The new subsection 14(4) provides that subsection 14(2) does not apply if the person, when giving the document, draws the misleading aspect of the document to the Board, Commissioner or authorised person and to the extent to which the person can reasonably do so – gives the information necessary to remedy the misleading aspect of the documents. 

The new subsection 14(5) define ‘misleading information’ to mean information that is misleading in a material particular or because of the omission of a material particular.  

This clause inserts a new secyion 14A which contains a confidentiality of information provision.  

The new section 14A(1) provides that a person commits an offence if the person (a) obtains information in the course of performing functions connected with the administration of this Act and (b) intentionally engaged in conduct that results in the disclosure of the information. 

The maximum penalty for the offence is 200 penalty units or imprisonment for two years. 

The new section 14A(2) provides that strict liability apply to 14(1)(a). 

The new section 14A(3) provides that subsection (1) does not apply if (a) the person discloses the information (i) for the administration of this Act or (ii) with the consent of the person to whom the information relates; or (iii) for legal proceedings arising out of the operation of this Act or (b) the information is otherwise available to the public.  

Clause 10. 	Section 18 replaced 

This clause repeals the existing section 18 and inserts a new section 18 provides that the Administrator may make regulations under the Inquiries Act covering the scale of allowances to be paid to a witness summonsed under the Act and the scale of allowance to be paid to a Board member, or a person, in exercising their functions under the Act for their travel expenses while absent from the their usual place of residence.   

Clause 11.	Act further amended 

This clause provides the Schedule has effect.  

Clause 12.	Expiry of Act

This is a standard clause which provides the Inquiries Amendment Act 2016 expires on the day after it commences. As this is an amending Act, there is no need to retain the Act on the statute book, once all the amendments to other Acts have been effected.