Commonwealth Numbered Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 NO. 18, 2003

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds the Crown  
   5.      External Territories  
   6.      Application outside Australia  
   7.      Objects of this Act  
   8.      Application of Criminal Code  
   9.      Penalties specified at foot of sections or subsections  
   10.     Relationship with other laws  
   11.     Constitutional limitations on powers and functions  

   PART 2--ADMINISTRATION

   12.     Executive Director of Transport Safety Investigation  
   13.     Delegation  
   14.     Special investigators  
   15.     Independence  
   16.     Minimal disruption to transport services  
   17.     International obligations  

   PART 3--COMPULSORY REPORTING OF ACCIDENTS ETC.

   18.     Immediate reports  
   19.     Written reports within 72 hours  
   20.     Nominated officials for receiving reports  

   PART 4--INVESTIGATIONS AND REPORTS

           Division 1--Investigations

   21.     Investigations  
   22.     Restriction on investigations of transport safety matters  
   23.     Transport safety matters  
   24.     Offence to hinder etc. an investigation  

           Division 2--Investigation reports

   25.     Reports on investigations  
   26.     Draft reports  
   27.     Reports not admissible in evidence  

   PART 5--INVESTIGATION POWERS

           Division 1--Preliminary

   28.     Powers only exercisable in relation to an investigation  
   29.     Identity cards  
   30.     Obligations of Executive Director before entering premises  
   31.     Powers conferred on magistrates  

           Division 2--Requirement to attend before Executive Director

   32.     Executive Director may require persons to attend and answer questions etc.  

           Division 3--Powers in relation to premises

   33.     Power to enter special premises without consent or warrant  
   34.     Power to enter any premises with occupier's consent  
   35.     Power to enter any premises with warrant  
   36.     Powers after entering premises  
   37.     Occupier to provide Executive Director with facilities and assistance  
   38.     Occupier entitled to be present during search  
   39.     Power to stop and detain transport vehicles  

           Division 4--Investigation warrants

   40.     Issue of investigation warrants  
   41.     Investigation warrants by telephone, fax etc.  
   42.     False statements etc. in application for warrant etc.  

           Division 5--Protection orders

   43.     Protection orders by Executive Director  

           Division 6--Securing accident sites

   44.     Securing accident sites  

           Division 7--Miscellaneous

   45.     Retention, testing etc. of evidential material  
   46.     Compensation for damage to electronic equipment  
   47.     Self-incrimination not an excuse  

   PART 6--PROTECTION OF OBR INFORMATION AND RESTRICTED INFORMATION

           Division 1--OBR information

   48.     Definition of OBR or on-board recording  
   49.     OBR ceasing to be an OBR under Executive Director's declaration  
   50.     Executive Director's certificate about disclosure of OBR information  
   51.     Release of OBR information in the interests of transport safety  
   52.     Executive Director may authorise persons to have access to OBR information  
   53.     Copying or disclosing OBR information  
   54.     OBR information no ground for disciplinary action  
   55.     OBR information not admissible in criminal proceedings against crew members  
   56.     Admissibility of OBR information in civil proceedings  
   57.     Examination by a court of OBR information under subsection 56(3)  
   58.     Where a court makes an order under subsection 56(3)  
   59.     Use of OBR information in coronial inquiries  

           Division 2--Restricted information

   60.     Limitations on disclosure etc. of restricted information  
   61.     Release of restricted information in the interests of transport safety  
   62.     Executive Director may authorise persons to have access to restricted information  

           Division 3--Miscellaneous

   63.     Powers of Parliament and Royal Commissions not affected  

   PART 7--MISCELLANEOUS

   64.     Immunity  
   65.     Certification by Executive Director of staff member's involvement in investigation  
   66.     Staff members etc. not compellable as witnesses  
   67.     Attendance fees where staff members attend coronial inquiry  
   68.     Legal representation for staff members at coronial inquiry  
   69.     Staff members may exercise powers under State and Territory laws  
   70.     Compensation for acquisition of property  
   71.     Regulations