Commonwealth Consolidated Acts

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INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 50

Simplified outline

    The following is a simplified outline of this Part:

Once an inquiry is completed, the Inspector must make a report to the Minister setting out his or her conclusions and recommendations.

However, before making that final report, the Inspector must give anyone who would be adversely affected by the publication of the report the opportunity to comment on a draft. The Inspector may also release a draft report to another person for the purpose of allowing submissions to be made or advance notice of the contents of the final report to be given.

Some kinds of particularly sensitive information cannot be disclosed in this way.

A person who receives a draft report is allowed to copy, record, use and disclose the report for the purpose of making a submission or remedying a security deficiency identified in the report.

To facilitate frank submissions being given on the draft report, certain immunities are given to those who act honestly and reasonably in making those submissions.

A person cannot be subjected to disciplinary action on the basis of a draft report.

The final report can contain any of the information given to the Inspector in the course of his or her inquiry. However, there are limits on the circumstances in which the Minister may disclose information contained in the report, particularly sensitive information.

If, in the course of an inquiry, the Inspector forms the view that a matter into which he or she is conducting an inquiry demonstrates no significant problem in, and has no significant implications for, the security of transport or security regulated offshore facilities, the Inspector must make a report to this effect to the Minister. This is an interim report.

As a result of an interim report, the direction under which the inquiry is being conducted will be revoked, and so the inquiry will come to an end.

Reports are not admissible in proceedings.



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