Commonwealth of Australia Explanatory Memoranda

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INSPECTOR OF TRANSPORT SECURITY (CONSEQUENTIAL PROVISIONS) BILL 2006

                              2004-2005-2006



  THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                    HOUSE OF REPRESENTATIVES




              INSPECTOR OF TRANSPORT SECURITY
            (CONSEQUENTIAL PROVISIONS) BILL 2006




                   EXPLANATORY MEMORANDUM




(Circulated by authority of the Minister for Transport and Regional Services,
                      the Honourable Mark Vaile, MP)
                     INSPECTOR OF TRANSPORT SECURITY
                   (CONSEQUENTIAL PROVISIONS) BILL 2006


OUTLINE

The Inspector of Transport Security (Consequential Provisions) Bill 2006 is important to
encourage the voluntary disclosure of information under the Inspector of Transport
Security Bill 2006.

The object of the Bill is to provide an exemption from a request under the Freedom of
Information Act 1982 for information gathered by the Inspector of Transport Security in
the course of an inquiry.

The Inspector's inquiries will be conducted on a "no-blame" basis, that is, the
information generated or gathered in the course of inquiries cannot be used as evidence in
civil or criminal proceedings except in very limited circumstances set out in the Inspector
of Transport Security Bill 2006. This approach is consistent with Australia's
international obligations with respect to the collection and use of information arising
from safety incidents involving transport.

Consistent with this approach the Bill protects the information generated or gathered in
the course of inquiries from being released under an FOI claim and supports the other
confidentiality provisions in the Inspector of Transport Security Bill 2006.




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INSPECTOR OF TRANSPORT SECURITY (CONSEQUENTIAL PROVISIONS)
BILL 2006


NOTES ON CLAUSES

Clause 1: Short Title

This clause is a formal provision specifying the title of the proposed Act. The Bill once
enacted will be known as the Inspector of Transport Security (Consequential Provisions)
Act 2006.

Clause 2: Commencement

This clause provides that the main operating provisions of the Bill commence at the same
time as section 3 of the Inspector of Transport Security Act 2006.

It is necessary that this Bill commences no later than on commencement of the Inspector
of Transport Security Bill 2006 to avoid a situation where information generated or
gathered in the course of an enquiry can be release under an FOI request.

Clause 3: Schedule(s)

This clause provides that the Schedule to the Bill specifies each Act that is to be amended
or repealed and that any other item in the Schedule has effect according to its terms.

Schedule 1 ­ Amendment

This Schedule amends Schedule 3 of the Freedom of Information Act 1982 by inserting
the relevant references to the Inspector of Transport Security Act 2006. The relevant
references are those that deal with information generated or gathered in the course of an
inquiry under that Act. This includes all information gathered in the course of an inquiry
and the draft and final reports.




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