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TRANSPORT SAFETY INVESTIGATION REGULATIONS 2021 - NOTES

- made under the Transport Safety Investigation Act 2003

made under the

Transport Safety Investigation Act 2003

Compilation No. 2

Compilation date: 20 March 2024

Includes amendments: F2024L00294

Registered: 2 April 2024

About this compilation

This compilation

This is a compilation of the Transport Safety Investigation Regulations 2021 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Name

3 Authority

5 Definitions

Part 2--Aircraft operations

6 Definitions for Part 2

6A Serious aircraft incidents and reportable serious aircraft incidents

7 Application of Part 2

8 Category A (passenger transport) aircraft operations

9 Category B (commercial non-passenger) aircraft operations

10 Category C (non-commercial) aircraft operations

11 Category D (type 2 RPA and certain uncrewed balloons) aircraft operations

11A Reportable matters--Category A (passenger transport) aircraft operations

11B Reportable matters--Category B (commercial non-passenger) aircraft operations

11C Reportable matters--Category C (non-commercial) aircraft operations

11D Reportable matters--Category D (type 2 RPA and certain uncrewed balloons) aircraft operations

12 Occurrences that are prescribed as both immediately reportable matters and routine reportable matters

13 Aircraft operations--responsible persons

14 Aircraft operations--particulars for immediate reports

15 Aircraft operations--particulars for written reports

16 Aircraft operations--nominated officials

17 Aircraft operations--reports to be given to staff member

Part 3--Marine operations

18 Definitions for Part 3

19 Application of Part 3

20 Marine operations--immediately reportable matters

21 Marine operations--responsible persons

22 Marine operations--particulars for immediate reports

23 Marine operations--particulars for written reports

24 Marine operations--nominated officials

25 Marine operations--reports to be given to staff member

Part 4--Rail transport

26 Definitions for Part 4

27 Application of Part 4

28 Rail transport--immediately reportable matters

29 Rail transport--routine reportable matters

30 Rail transport--responsible person

31 Rail transport--particulars for reports of reportable matters

32 Rail transport--nominated officials for reportable matters

33 Rail transport--certain reports to be given to National Rail Safety Regulator

34 Rail transport--certain reports to be given to staff member

Part 5--General

35 Delegation by the ATSB or the Chief Commissioner

36 Delegation by the Chief Executive Officer

37 Special investigators

38 Functions of ATSB

39 International obligations

40 Immediate reports

41 Written reports required by Chief Commissioner

42 Identity cards

43 Fees for attending before ATSB

44 Recordings that are not on-board recordings (OBRs)

45 Release of OBR information

46 Release of restricted information

47 Fees for attending coronial inquiry

Part 6--Application, transitional and saving provisions

48 Amendments made by the Transport Safety Investigation Amendment (2022 Measures No. 1) Regulations  2022

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

 

Endnote 2--Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Transport Safety Investigation Regulations 2021

9 Sept 2021 (F2021L01248)

30 Sept 2021 (s 2(1) item 1)

 

Transport Safety Investigation Amendment (2022 Measures No. 1) Regulations 2022

14 Oct 2022 (F2022L01354)

1 Jan 2023 (s 2(1) item 1)

--

Statute Law Amendment (Prescribed Forms) Regulations 2024

15 Mar 2024 (F2024L00294)

Sch 1 (item 63): 20 Mar 2024 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 5.....................

am F2022L01354

Part 2

 

s 6.....................

am F2022L01354

s 6A....................

ad F2022L01354

s 7.....................

am F2022L01354

s 8.....................

rs F2022L01354

s 9.....................

rs F2022L01354

s 10....................

rs F2022L01354

s 11....................

rs F2022L01354

s 11A...................

ad F2022L01354

s 11B...................

ad F2022L01354

s 11C...................

ad F2022L01354

s 11D...................

ad F2022L01354

s 12....................

rs F2022L01354

s 13....................

am F2022L01354

s 14....................

am F2022L01354

s 15....................

am F2022L01354

Part 3

 

s 21....................

am F2022L01354

Part 5

 

s 41....................

am F2022L01354

s 42....................

am F2024L00294

Part 6

 

Part 6...................

ad F2022L01354

s 48....................

ad F2022L01354

Schedule 1................

rep LA s 48C

 


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