Commonwealth Consolidated Regulations

TRANSPORT SAFETY INVESTIGATION (VOLUNTARY AND CONFIDENTIAL REPORTING SCHEME) REGULATION 2012 - REG 21

Disclosure to Department

  (1)   If t he ATSB receives information under the REPCON scheme that the ATSB reasonably believes relates to :

  (a)   an act of unlawful interference with aviation that i s an offence under the Aviation Transport Security Act 2004 ; or

  (b)   a terrorist act involving or relating to transport, or a transport vehicle , to which the REPCON scheme applies;

the ATSB must tell the Department that the ATSB has received the information.

Note:   This information is not a reportable safety concern but may be incidentally mentioned in a report made under Part   3 .

  ( 2 )   If the Department requests that the information be given to the Department , the ATSB may comply with the request.

  ( 3 )   The ATSB may disclose restricted information that contains personal information to the Department if necessary to comply with this section.

Disclosure for purpose of reporting, investiga ting or prosecuting

  (4)   The ATSB may disclose restricted information that contains personal information if the ATSB reasonably believes that the disclosure is necessary for the purpose of reporting, investigating or prosecuting an offence :

  (a)   mentioned in paragraph   ( 1)   (a) ; or

  (b)   involving an act mentioned in paragraph   ( 1)   (b) .

  (5)   Without limiting subsection   ( 4), the ATSB may disclose information under subsection   ( 4) to a court.