Commonwealth Consolidated Acts

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Application to Supreme Court for order with respect to information or documents

             (1)  Where a person who has been served with a notice under section 23A has refused or failed to comply, or to comply fully, with the notice, the Land Council concerned may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against that person.

             (2)  The person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.

             (3)  Where, in proceedings under this section, the Court is satisfied that all or any of the information or documents that was or were required by the notice to be furnished and has or have not been furnished:

                     (a)  is or are in the possession of, or available to, the person against whom the order is sought; and

                     (b)  is or are information or documents of a kind referred to in paragraphs 23A(2)(c) and (d);

the Court may make an order requiring the person against whom the order is sought to furnish to the Land Council concerned, within the time and in the manner specified in the order, the information or documents as to which the Court is so satisfied.

             (4)  The Court shall not, under this section, require a person to furnish information or a document if the Court is satisfied that compliance with a requirement to furnish that information or document might tend to incriminate that person.

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