New South Wales Consolidated Acts

AIR TRANSPORT ACT 1964 - SECT 4

4 Powers of authorised persons

(1) A person (in this section referred to as an "authorised person") authorised in writing to do so by the Minister may require any person who appears to that authorised person to be concerned in, or employed in connection with, the conduct of any services for the carriage of passengers by aircraft to answer any question with respect to the use, in connection with those services, of any aircraft for the carriage from one place in New South Wales to another place in New South Wales of any passengers.

(2) Any person who fails to comply with a requirement of an authorised person made under subsection (1) or who answers in a false or misleading manner any question put to the person by an authorised person pursuant to that subsection is guilty of an offence against this Act.

(3) A person shall not be guilty of an offence under subsection (2) by reason of the person’s failure to answer any question if the person proves to the satisfaction of the court that the person did not know and could not with reasonable diligence have ascertained the answer to the question.

(4) A person shall not be excused from answering any question, if required to do so under subsection (1), on the ground that the answer might tend to criminate the person or make the person liable to a penalty, but the answer given by the person shall not be admissible against the person in any proceedings civil or criminal, except in proceedings for an offence arising under subsection (2).

(5) Where any answer to a question referred to in subclause (1), or any information whatsoever, is given to an authorised person by the prescribed officer of a corporation, such answer and information shall, for the purposes of any proceedings against the corporation for an offence arising under the provisions of section 3, be binding upon and admissible in evidence against the corporation, unless it is proved that the answer or information was given in relation to a matter in respect of which the prescribed officer had no authority to bind the corporation.
The provisions of this subsection shall be in addition to and not in derogation from any rule of law relating to the binding effect and admissibility in evidence of statements made by any officer or employee of a corporation.

(6) Any person who communicates any information acquired by the person in the course of the administration of this Act except in accordance with the instruction in writing of the Minister or for the purpose of proceedings in any court is guilty of an offence against this Act.

(7) In this section "prescribed officer of a corporation" means the managing director, manager or other governing officer, by whatever name called or any member of the governing body of the corporation and, where any officer or employee of the corporation gives any information to an authorised person, whether in answer to a question or not, relating to any part of the operations of the corporation over which such officer or employee exercises any superintendence or control, includes that officer or employee.