TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 18 Immediate reports

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 18

  (1)   If a responsible person has knowledge of an immediately reportable matter, then the person must report it to a nominated official as soon as is reasonably practicable, by the means prescribed by the regulations and including those of the particulars prescribed by the regulations that are known to the responsible person.

Penalty:   Imprisonment for 12 months.

  (2)   Subsection   (1) does not apply if the person believes, on reasonable grounds, that another responsible person has, or other responsible persons have, already reported the matter, or will as soon as is reasonably practicable report the matter, to a nominated official with all the particulars prescribed by the regulations.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2). See subsection   13.3(3) of the Criminal Code .

  (3)   Subsection   (1) does not apply if:

  (a)   the person has already reported the matter under the Navigation Act 2012 or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or

  (b)   the person believes, on reasonable grounds, that another responsible person has already reported, or will as soon as is reasonably practicable report, the matter under either of those Acts.

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