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TRANSPORT SAFETY INVESTIGATION ACT 2003 No. 18, 2003 - SECT 3

Definitions
In this Act, unless the contrary intention appears:

"accident" means an investigable matter involving a transport vehicle where:

(a)
a person dies or suffers serious injury as a result of an occurrence associated with the operation of the vehicle; or

(b)
the vehicle is destroyed or seriously damaged as a result of an occurrence associated with the operation of the vehicle; or

(c)
any property is destroyed or seriously damaged as a result of an occurrence associated with the operation of the vehicle.

"accident site" means any of the following sites associated with an accident:

(a)
a site containing the transport vehicle or any of its wreckage;

(b)
a site where there is an impact point associated with the accident;

(c)
if the accident involved destruction or serious damage to property (other than the transport vehicle)—a site containing that property or any of its wreckage;

together with such area around the site as the Executive Director determines to be reasonably necessary to facilitate the investigation of the accident and securing the site.

"accident site premises" means:

(a)
an accident site; or

(b)
premises that it is necessary to enter in order to get to an accident site.

"aircraft" means any machine or craft used in air navigation, however propelled or moved.

"Australia", when used in a geographical sense, includes the external Territories.

"Australian aircraft" means:

(a)
an aircraft registered in Australia; or

(b)
an aircraft owned by the Commonwealth, a State or a Territory.

"Australian court "means a federal court or a court of a State or Territory.

"Australian defence aircraft" means an aircraft used by the Australian Defence Force but does not include an aircraft that is registered under the Civil Aviation Regulations.

"Australian defence ship" means a ship used by the Australian Defence Force.

"Australian ship" means:

(a)
a ship registered in Australia under the Shipping Registration Act 1981 ; or

(b)
an unregistered ship that has Australian nationality under section 29 of that Act; or

(c)
a ship owned by the Commonwealth, a State or a Territory.

"Australian transport vehicle" means:

(a)
an Australian aircraft; or

(b)
an Australian ship; or

(c)
a rail vehicle operating in Australia.

"civil proceedings" means any proceedings before an Australian court, other than criminal proceedings.

Note: Civil proceedings includes a coronial inquiry. See the definition of court .

"civil transportation facility "means an installation in Australia designed or used to facilitate the operation or maintenance of a transport vehicle that is not an exempt transport vehicle.

"Commonwealth entity" means:

(a)
the Commonwealth; or

(b)
an authority of the Commonwealth; or

(c)
a corporation in which the Commonwealth, or an authority of the Commonwealth, has a controlling interest.

"Commonwealth place" means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.

"constitutional corporation" means:

(a)
a corporation to which paragraph 51(xx) of the Constitution applies; or

(b)
a body corporate that is incorporated in a Territory.

"control area" means an area in a transport vehicle from which essential operational activities are directed or controlled.

"coroner "means the head of the relevant State or Territory coronial jurisdiction or a person directed by that head to conduct a coronial inquiry.

"coronial inquiry" means a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, a State or a Territory.

"court" includes any tribunal, authority, person or body that has power to require the production of documents or answering of questions, but does not include a Royal Commission, the Parliament or either House of the Parliament.

"crew member", in relation to OBR information, means any person who had operational duties on board the transport vehicle at any time during the recording period of the OBR.

"criminal proceedings" means criminal proceedings before an Australian court.

"damage" includes structural failure.

"disclose":

(a)
in relation to information, includes divulge or communicate the information in any way; and

(b)
in relation to information contained in a document or other article, also includes produce the document or other article, or make it available, for inspection.

"evidential material" means anything that may be relevant to an investigation.

"Executive Director" means the person occupying the position of Executive Director of Transport Safety Investigation referred to in section 12.

"exempt foreign aircraft" means an aircraft used in the military, customs or police services of a foreign country.

"exempt foreign ship" means a ship used in the military, customs or police services of a foreign country.

"exempt transport vehicle" means:

(a)
an Australian defence aircraft; or

(b)
an Australian defence ship; or

(c)
an exempt foreign aircraft; or

(d)
an exempt foreign ship.

"expert opinion" means an opinion that requires specialised knowledge based on training, study or experience.

"immediately reportable matter" means an investigable matter that is prescribed by the regulations for the purposes of this definition.

"international agreement" means a treaty or agreement whose parties are:

(a)
Australia and a foreign country; or

(b)
Australia and 2 or more foreign countries.

"investigable matter" means any transport safety matter that can be investigated by the Executive Director under this Act.

"investigation" means an investigation under this Act.

"investigation warrant" means a warrant under Division 4 of Part 5.

"nominated official", in relation to a reportable matter, means a person prescribed by the regulations under section 20 in relation to the matter concerned.

"non-staff member" means a person who is not a staff member.

"OBR" or on-board recording has the meaning given by section 48.

Note: See also section 49 which allows the Executive Director to declare that a recording is no longer an OBR.

"OBR information" means:

(a)
an OBR or any part of an OBR; or

(b)
a copy or transcript of the whole or any part of an OBR, including a copy made before the occurrence of the reportable matter that caused the recording to become an OBR; or

(c)
any information obtained from an OBR or any part of an OBR.

"occupier", in relation to premises, includes a person present at the premises who apparently represents the occupier.

"operational duties" means duties or functions in connection with the operation or safety of the transport vehicle.

"power" includes a function or duty.

"premises" includes any place or vehicle.

"premises powers" means:

(a)
powers under Part 5 to enter premises; or

(b)
powers under Part 5 that are exercisable after entering premises under that Part.

"rail vehicle" means a vehicle that operates on a railway (including a vehicle that does not have wheels).

"railway "means a system by which vehicles (including trams) designed to transport passengers or goods are guided:

(a)
by means of parallel rails; or

(b)
by means of a single rail; or

(c)
by any other means prescribed by the regulations.

"reportable matter" means an immediately reportable matter or a routine reportable matter.

"responsible person", in relation to a reportable matter, means a person prescribed by the regulations for the purposes of this definition in relation to the matter concerned.

"restricted information" means any of the following (but does not include OBR information):

(a)
all statements (whether oral or in writing) obtained from persons by a staff member in the course of an investigation (including any record of such a statement);

(b)
all information recorded by a staff member in the course of an investigation;

(c)
all communications with a person involved in the operation of a transport vehicle that is or was the subject of an investigation;

(d)
medical or private information regarding persons (including deceased persons) involved in a transport safety matter that is being or has been investigated;

(e)
in relation to a transport vehicle that is or was the subject of an investigation—information recorded for the purposes of monitoring or directing the progress of the vehicle from one place to another or information recorded in relation to the operation of the vehicle;

(f)
records of the analysis of information or evidential material acquired in the course of an investigation (including opinions expressed by a person in that analysis);

(g)
information contained in a document that is produced to a staff member under paragraph 32(1)(b) or 36(3)(a) or (4)(a).

"routine reportable matter" means an investigable matter that is prescribed by the regulations for the purposes of this definition.

"Royal Commission" means a Commission that has been commissioned by the Governor-General to conduct an inquiry, and includes any member of such a Commission.

"safety action statement "means a statement:

(a)
setting out any safety deficiencies identified during the course of an investigation that should be addressed; or

(b)
setting out any steps taken by persons to remedy safety deficiencies identified during the course of an investigation.

"Secretary "means the Secretary of the Department.

"ship" means any vessel used in navigation by water, however propelled or moved.

"special investigator "means a person appointed as a special investigator under section 14.

"special premises" means:

(a)
accident site premises; or

(b)
a vehicle.

"staff member" means:

(a)
the Executive Director; or

(b)
an APS employee who is assisting the Executive Director in exercising powers under this Act; or

(c)
a person to whom the Executive Director has delegated any of the Executive Director's powers under this Act.

Note: For the definition of APS employee , see section 17AA of the Acts Interpretation Act 1901 .

"State referral of power" means the referral of a matter to the Parliament of the Commonwealth as mentioned in paragraph 51(xxxvii) of the Constitution.

"transport" means transport by means of a transport vehicle.

"transport safety" means the safety of transport by means of transport vehicles.

"transport safety matter" means a transport safety matter specified in section 23.

"transport vehicle" means an aircraft, ship or rail vehicle.


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