TRANSPORT SAFETY INVESTIGATION ACT 2003
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 Act binds the Crown
- 5 External Territories
- 6 Application outside Australia
- 8 Application of Criminal Code
- 10 Relationship with other laws
- 11 Constitutional limitations on powers and functions
PART 2--AUSTRALIAN--TRANSPORT SAFETY BUREAU
Division 1--Establishment, functions and powers of Bureau
- 12 Establishment of the Australian Transport Safety Bureau (ATSB)
- 12A Constitution of the ATSB
- 12AA Functions of the ATSB
- 12AB Independence of the ATSB and Chief Commissioner
- 12AC Minimal disruption to transport services
- 12AD International obligations
- 12AE Minister may give the ATSB notices about its strategic direction
Division 2--Appointment of Commissioners
- 13 Appointment
- 13A Term of appointment
- 13AA Remuneration and allowances
- 13AB Leave of absence
- 13AC Outside employment
- 13AD Resignation
- 13AE Disclosure of interests
- 13AF Other terms and conditions
- 13AG Termination of appointment
- 13AH Acting Chief Commissioner
Division 3--ATSB procedures
Subdivision A--Meetings- 14 Times and places of meetings
- 14A Conduct of meetings Subdivision B--Decisions without meetings
- 14AB Decisions without meetings
- 14AC Record of decisions
Division 4--Chief Executive Officer
- 15 Chief Executive Officer
- 15A Functions of the Chief Executive Officer
Division 5--Staff and consultants
- 16 Staff
- 16A Staff to be made available to the ATSB
- 16B Consultants
PART 3--REPORTING--OF ACCIDENTS ETC.
Division 1--Compulsory reporting
- 18 Immediate reports
- 19 Written reports within 72 hours
- 20 Nominated officials for receiving reports
Division 2--Voluntary reporting
PART 4--INVESTIGATIONS--AND REPORTS
Division 1--Investigations
- 21 Investigations
- 21A State or Territory Minister may request investigation of certain transport safety matters
- 22 Restriction on investigations of transport safety matters
- 23 Transport safety matters
- 24 Offence to hinder etc. an investigation
Division 2--Investigation reports
- 25 Reports on investigations
- 25A Responses to reports of, or containing, safety recommendations
- 26 Draft reports
- 27 Reports not admissible in evidence
PART 5--INVESTIGATION--POWERS
Division 1--Preliminary
- 28 Powers only exercisable in relation to an investigation
- 29 Identity cards
- 30 Obligations of Chief Commissioner before entering premises
- 31 Powers conferred on magistrates
Division 2--Requirement to attend before ATSB
Division 3--Powers in relation to premises
- 33 Power to enter special premises without consent or warrant
- 34 Power to enter any premises with occupier's consent
- 35 Power to enter any premises with warrant
- 36 Powers after entering premises
- 37 Occupier to provide Chief Commissioner with facilities and assistance
- 38 Occupier entitled to be present during search
- 39 Power to stop and detain transport vehicles
Division 4--Investigation warrants
- 40 Issue of investigation warrants
- 41 Investigation warrants by telephone, fax etc.
- 42 False statements etc. in application for warrant etc.
Division 5--Protection orders
- 43 Protection orders by Chief Commissioner
Division 6--Securing accident sites
- 44 Securing accident sites
Division 7--Miscellaneous
- 45 Retention, testing etc. of evidential material
- 46 Compensation for damage to electronic equipment
- 47 Self - incrimination not an excuse
PART 6--PROTECTION--OF OBR INFORMATION AND RESTRICTED INFORMATION
Division 1--OBR information
- 48 Definition of OBR or on - board recording
- 49 OBR ceasing to be an OBR under declaration of ATSB
- 50 ATSB certificate about disclosure of OBR information
- 51 Release of OBR information in the interests of transport safety
- 52 ATSB may authorise persons to have access to OBR information
- 53 Copying or disclosing OBR information
- 54 OBR information no ground for disciplinary action
- 55 OBR information not admissible in criminal proceedings against crew members
- 56 Admissibility of OBR information in civil proceedings
- 57 Examination by a court of OBR information under subsection 56(3)
- 58 Where a court makes an order under subsection 56(3)
- 59 Use of OBR information in coronial inquiries
Division 2--Restricted information
- 60 Limitations on disclosure etc. of restricted information
- 61 Release of restricted information in the interests of transport safety
- 62 ATSB may authorise persons to have access to restricted information
Division 3--Miscellaneous
- 63 Powers of Parliament and Royal Commissions not affected
PART 6A--REPORTING--REQUIREMENTS
PART 7--MISCELLANEOUS
- 63B Delegation by the ATSB
- 63C Delegation by the Chief Commissioner
- 63D Delegation by the Chief Executive Officer
- 63E Special investigators
- 64 Immunity
- 65 Certification of involvement in investigation
- 66 Staff members etc. not compellable as witnesses
- 67 Attendance fees where staff members etc. attend coronial inquiry
- 68 Legal representation for staff members etc. at coronial inquiry
- 69 Exercise of powers under State and Territory laws
- 70 Compensation for acquisition of property
- 71 Regulations