CIVIL AVIATION ACT 1988 - SECT 32AP Copying or disclosing CVR information

CIVIL AVIATION ACT 1988 - SECT 32AP

  (1)   A person commits an offence if:

  (a)   the person makes a copy of information; and

  (b)   the information is CVR information.

Penalty:   Imprisonment for 2 years.

  (2)   A person commits an offence if:

  (a)   the person discloses information to any person or to a court; and

  (b)   the information is CVR information.

Penalty:   Imprisonment for 2 years.

  (3)   Subsection   ( 1) or (2) does not apply to:

  (aa)   copying or disclosure that is necessary for the purposes of checking whether equipment used to make a cockpit voice recording is functioning and reliable, provided the conditions set out in subsection   ( 3A) are met; or

  (a)   copying or disclosure for the purposes of an investigation under the Transport Safety Investigation Act 2003 ; or

  (b)   copying or disclosure for the purposes of the investigation of any offence against a law of the Commonwealth, a State or a Territory; or

  (c)   disclosure of CVR information to a court in criminal proceedings against a person who is not a crew member; or

  (d)   disclosure of CVR information to a court in criminal proceedings against a person who is a crew member for an offence against a law of the Commonwealth, a State or a Territory punishable by a maximum penalty of imprisonment for life or more than 2 years, where:

  (i)   the offence does not arise as a result of an act done or omitted to be done in good faith in the performance of the person's duties as a crew member; and

  (ii)   the court makes a public interest order under subsection   ( 4) in relation to the CVR information; or

  (e)   disclosure to a court in damages proceedings where the court makes a public interest order under subsection   ( 4) in relation to the CVR information.

Note:   A defendant bears an evidential burden in relation to a matter in subsection   ( 3). See subsection   13.3(3) of the Criminal Code .

  (3A)   The conditions that must be met for the purposes of paragraph   ( 3)(aa) are:

  (a)   the person who copies or discloses the CVR information for the purposes of checking the equipment is authorised to do so under the regulations; and

  (b)   that person honestly and reasonably believes on the information available to him or her that:

  (i)   the cockpit voice recording does not relate to a reportable matter (as defined for the purposes of the Transport Safety Investigation Act 2003 ); and

  (ii)   the cockpit voice recording does not relate to an offence under the law of the Commonwealth, or of a State or Territory; and

  (iii)   the crew members in relation to the CVR information were notified in writing, before the cockpit voice recording was made, of the intention to copy or disclose the CVR information for the purposes of checking whether the equipment used to make the recording is functioning and reliable.

  (4)   If the court is satisfied that, in the circumstances of the case, the public interest in the proper determination of a material question of fact outweighs:

  (a)   the public interest in protecting the privacy of members of crews of aircraft; and

  (b)   any adverse domestic and international impact that the disclosure of the information might have on any future investigation under the Transport Safety Investigation Act 2003 ;

then the court may order such disclosure.

  (5)   The court may direct that CVR information, or any information obtained from the CVR information, must not:

  (a)   be published or communicated to any person; or

  (b)   be published or communicated except in such manner, and to such persons, as the court specifies.

  (6)   If a person is prohibited by this section from disclosing CVR information, then:

  (a)   the person cannot be required by a court to disclose the information; and

  (b)   any information disclosed by the person in contravention of this section is not admissible in any civil or criminal proceedings (other than proceedings against the person under this section).