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Transport Safety Investigation Act 2003
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2004A01102
11 April 2003
-
30 June 2009
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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
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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
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Part 3—Compulsory reporting of accidents etc.
18 Immediate reports
19 Written reports within 72 hours
20 Nominated officials for receiving reports
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Part 4—Investigations and reports
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Division 1—Investigations
21 Investigations
22 Restriction on investigations of transport safety matters
23 Transport safety matters
24 Offence to hinder etc. an investigation
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Division 2—Investigation reports
25 Reports on investigations
26 Draft reports
27 Reports not admissible in evidence
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Part 5—Investigation powers
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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
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Division 2—Requirement to attend before Executive Director
32 Executive Director may require persons to attend and answer questions etc.
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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
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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.
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Division 5—Protection orders
43 Protection orders by Executive Director
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Division 6—Securing accident sites
44 Securing accident sites
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Division 7—Miscellaneous
45 Retention, testing etc. of evidential material
46 Compensation for damage to electronic equipment
47 Self-incrimination not an excuse
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Part 6—Protection of OBR information and restricted information
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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
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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
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Division 3—Miscellaneous
63 Powers of Parliament and Royal Commissions not affected
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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