Northern Territory Numbered Acts

INDEPENDENT COMMISSIONER AGAINST CORRUPTION ACT 2017 (NO 23 OF 2017) - SECT 71

    (1)     An authorised officer who enters premises under this Part may exercise one or more of the following powers:

    (a)     search the premises and examine anything on the premises (opening the thing by force if necessary);

    (b)     take photographs, or make films or audio, video or other recordings, of anything on the premises or found on a person searched under section 73 ;

    (c)     operate equipment or facilities on the premises;

    (d)     seize anything found on the premises, or on a person searched under section 73 , that the authorised officer believes on reasonable grounds may be evidence of improper conduct and retain it for as long as may be necessary for one or more of the following purposes: 

        (i)     to examine it to determine its evidentiary value;

        (ii)     to copy it;

        (iii)     if it is relevant to an investigation or possible future investigation – for the investigation;

    (e)     issue a notice (a retention notice ) requiring that a thing mentioned in paragraph (d) not be moved or interfered with without the approval of an authorised officer;

    (f)     if a thing mentioned in paragraph (d) cannot be conveniently moved – secure it against interference;

    (g)     require a person on or about the premises to do any of the following:

        (i)     state the person's full name, date of birth and how the person may be contacted;

        (ii)     produce evidence of the person's identity;

        (iii)     answer (orally or in writing) questions asked by the authorised officer;

        (iv)     produce a thing the authorised officer believes on reasonable grounds is connected with improper conduct;

        (v)     operate equipment or facilities on the premises;

        (vi)     give the authorised officer any translation, code, password or other information necessary to gain access to, or interpret and understand, anything located or obtained by the officer in the course of exercising the officer's functions under this Part;

        (vii)     give other assistance the authorised officer reasonably requires;

    (h)     give directions to a person in charge of a vehicle or vessel in relation to the stopping or movement of the vehicle or vessel.

    (2)     A person to whom a requirement is made under subsection (1)(g) or a direction is given under subsection (1)(h):

    (a)     must comply with the requirement or direction to the extent the person is able to do so; and

    (b)     if asked to answer a question – must do so to the best of the person's knowledge, information and belief.

Maximum penalty:     100 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     If an authorised officer seizes anything under this section, the officer must issue a receipt and:

    (a)     if the owner or occupier, or a person apparently responsible to the owner or occupier, is present – give the receipt to the owner, occupier or person; or

    (b)     otherwise:

        (i)     leave the receipt on the premises, or in another location agreed with the owner or occupier, in an envelope addressed to the owner or occupier; or

        (ii)     make alternative arrangements with the owner or occupier for delivery of the receipt.

    (5)     While anything seized under this section remains in the ICAC's possession, the ICAC must allow the owner or occupier reasonable access to it.