Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 19

  (1)   If a responsible person has knowledge of an immediately reportable matter or a routine reportable matter, then the person must within 72 hours give a written report of the matter (containing the particulars prescribed by the regulations) to a nominated official.

Penalty:   30 penalty units.

  (2)   Subsection   (1) does not apply if the person believes, on reasonable grounds, that another responsible person has already given such a report to a nominated official.

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 in writing on 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 in writing on 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 .

  (4)   The Chief Commissioner may, by notice in writing to a responsible person, require the person to give the Chief Commissioner a written report in relation to an immediately reportable matter or a routine reportable matter within the period specified in the notice, by the means prescribed and including the particulars prescribed by the regulations.

  (5)   The Chief Commissioner must not require a responsible person to give a report under subsection   (4) unless either:

  (a)   the Chief Commissioner is satisfied that:

  (i)   the person has knowledge of the immediately reportable matter or routine reportable matter; but

  (ii)   the person is one to whom subsection   (1) does not apply because of the operation of subsection   (2) or (3); or

  (b)   the Chief Commissioner is satisfied that:

  (i)   the person is one to whom subsection   (1) applies despite the operation of subsection   (2) or (3); and

  (ii)   the person may have information that was not communicated in a report given under subsection   (1).

  (6)   The responsible person must comply with the notice.

Penalty:   30 penalty units.

  (7)   A prosecution of a person for an offence against subsection   (1) may be commenced at any time within 6 years after the commission of the offence.