Commonwealth Numbered Acts

SPACE ACTIVITIES ACT 1998 No. 123, 1998 - SECT 96

(a) disclose a safety record (see subsection (9)) to any person or a court; or

(b) give a safety record to any person or a court.

Maximum penalty: 30 penalty units.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

(4) Subsection (1) does not apply to the disclosure of a safety record to the Minister under section 93.

(5) Subsection (1) does not prohibit an investigation officer from disclosing or giving a safety record to a court if an order is made under subsection (7).

(6) A person may apply to a court for an order that a safety record must be disclosed or given to the court.

(7) If the court is satisfied that the disclosure or production of the safety record is in the public interest, having regard to:

(a) the adverse impact disclosure or production may have on the investigation to which the record relates or to any future investigations; and

(b) any other relevant matter;

(8) If the court makes such an order, then the court must also make an order that restricts access to the safety record to:

(a) the person or persons constituting the court; and

(b) the parties to the proceeding (including any interveners); and

(c) the parties' legal representatives; and

(d) specified witnesses for the purposes of the proceeding;

(9) In this section:

investigation officer means a person who is or has been:

(a) the Minister; or

(b) an Investigator; or

(c) any other person who performs functions or provides services in relation to an investigation under this Part.

(a) all statements (whether oral or written) an Investigator takes from persons in the course of an investigation under this Part, including any record of such a statement;

(b) all communications between persons involved in operating a space object that is involved in an accident or incident;

(c) medical or personal information about persons (including deceased persons) involved in an accident or incident;