Northern Territory Numbered Acts

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INDEPENDENT COMMISSIONER AGAINST CORRUPTION ACT 2017 (NO 23 OF 2017) - SECT 108

Supreme Court may vary or revoke direction

    (1)     A public body or public officer may, at any time, apply to the Supreme Court to vary or revoke a direction given to the body or officer under section  107 .

    (2)     On an application, the Supreme Court may, by order, do any of the following if satisfied as mentioned in subsection (3):

    (a)     vary the direction;

    (b)     revoke the direction;

    (c)     revoke the direction and substitute a direction the ICAC could have given under section 107 .

    (3)     The Supreme Court must be satisfied that:

    (a)     non-compliance with the direction is urgently required to take action to prevent substantial harm to a person or to essential public interests; or

    (b)     both of the following apply:

        (i)     non-compliance with the direction is reasonable to perform the essential functions of the public body or public officer;

        (ii)     the public body or public officer has taken reasonable steps to minimise the risk of retaliation to a person or to protect a person who may be at risk of retaliation.

    (4)     If the Supreme Court substitutes a direction under subsection (2)(c), the new direction is taken to be a direction by the ICAC under section 107 .



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