Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 22

  (1)   A transport safety matter cannot be investigated under this Act unless:

  (a)   the occurrence occurs in Australia; or

  (b)   the occurrence involves an Australian transport vehicle; or

  (c)   the occurrence occurs outside Australia and any of the following apply:

  (i)   evidence relating to the occurrence is found in Australia;

  (ii)   the appropriate authority of another country has requested the ATSB to conduct, or to participate in, an investigation into the occurrence;

  (iii)   the ATSB considers that it is necessary to conduct, or to participate in, an investigation into the occurrence and the agreement of the appropriate authority of another country is obtained for the ATSB to conduct, or to participate in, such an investigation;

  (iv)   Australia has a right or obligation, under an international agreement, to participate in an investigation into the occurrence.

  (2)   Subject to subsection   (3), a transport safety matter cannot be investigated under this Act if the matter:

  (a)   involves, or relates to, an exempt transport vehicle; and

  (b)   does not involve, or relate to, any transport vehicle that is not an exempt transport vehicle; and

  (c)   does not involve, or relate to, a civil transportation facility.

  (3)   Subsection   (2) does not prevent an investigation of a transport safety matter that involves an Australian defence ship or Australian defence aircraft if an appropriate authority in the Australian Defence Force has requested the ATSB to conduct an investigation into the matter. If the ATSB decides to investigate the matter, then the ATSB must publish, by electronic or other means, details of the request.