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Inspector of Transport Security Act 2006
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Administered by
Department of Home Affairs
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C2024C00566 C08
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Act binds the Crown
5 Application to external territories
6 Application outside Australia
7 Relationship with other laws
8 Geographical jurisdiction
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Part 2—Objects and overview of Act
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Division 1—Objects
9 Objects
Division 2—Overview
10 General overview of Act
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Part 3—Inquiries
11 Minister may initiate inquiry
12 What is a transport security matter?
13 What is an offshore security matter?
14 Constitutional limitations—air transport
15 Constitutional limitations—maritime transport
16 Constitutional limitations—rail transport
17 Constitutional limitations—road transport
18 Constitutional limitations—security regulated offshore facilities
19 Meaning of outside Australia in sections 14 to 18
20 Consultation with other Ministers before direction made
21 Defence aspects of a matter
22 Surface transport aspects of a transport security matter
23 Geographical reach of inquiry
24 Preservation of certain privileges and immunities
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Part 4—Inspector of Transport Security
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Division 1—Appointment
25 Inspector of Transport Security
26 Conduct of Inspector
27 Terms and conditions of employment
28 Remuneration
29 Acting appointments
30 Resignation
31 Termination
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Division 2—Functions
32 Functions of the Inspector
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Division 3—Powers
33 Powers of Inspector to be used for inquiries
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Part 5—Gathering information
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Division 1—Powers relating to information and documents
34 Simplified outline
35 Power to request information from persons generally
36 Power to request information from government agencies
37 Requesting OBR information and restricted information from the ATSB
38 Protection from liability
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Division 2—Search powers
39 Simplified outline
40 Identity cards
41 Obligations before entering premises or boarding transport vehicle
42 Security regulated offshore facilities—occupational health and safety requirements
43 Power to enter any premises with consent
44 Power to board any transport vehicle with consent
45 Powers that may be exercised in relation to premises
46 Powers that may be exercised in relation to a transport vehicle
47 Compensation for damage to electronic equipment
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Division 3—Where information or documents are volunteered
48 Protection from liability
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Division 4—Information generated in the course of conducting an inquiry
49 Copying, making a record of, using or disclosing information generated in the course of an inquiry
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Part 6—Reports
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Division 1—Simplified outline
50 Simplified outline
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Division 2—Interim reports
51 Interim report—no security issue found
52 Disclosure of interim reports
53 Admissibility of interim reports
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Division 3—Draft reports
54 Information that may be included in draft reports
55 Disclosure of draft reports
56 Copying, recording, disclosing and using draft report
57 Submissions on a draft report
58 Admissibility of draft reports
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Division 4—Final reports
59 Final report
60 Disclosure by the Minister to another person
61 Final reports containing protected information
62 Final reports relating to surface transport aspects of a matter
63 Final reports containing OBR information, CVR information, and restricted information given to the Inspector by the ATSB
64 Tabling report in the Parliament etc.
65 Admissibility of final reports
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Part 7—Protected information
66 What is protected information?
67 Offence—copying, recording, using or disclosing protected information
68 Disclosing information where serious offence imminent
69 Disclosing information where not directly relevant to an inquiry
70 Disclosing information to the Executive Director
71 Immunity where copying, recording, using or disclosing protected information permitted under this Act
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Part 8—OBR information, CVR information, and restricted information given to the Inspector by the ATSB
72 Simplified outline
73 Application of other laws to copying, recording, use and disclosure of OBR information
74 Application of other laws to copying, recording, use and disclosure of CVR information
75 Application of other laws to copying, recording, use and disclosure of restricted information given to the Inspector by the ATSB
76 Immunity where copying, recording, using or disclosing OBR information, CVR information, or restricted information given by the ATSB, permitted under this Act
77 Disclosing OBR information, CVR information, and restricted information given by the ATSB, where serious offence imminent
78 Eligible Judge
79 Nominated ART member
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Part 9—Miscellaneous
80 Inspector to minimise disruption to transport
81 Inspector to act consistently with Australia’s international obligations
82 Delegation
83 States and Territories may confer powers and functions on Inspector
84 Immunity for actions under this Act
85 Immunity for failure to act
86 Certification by Inspector of a person’s involvement in an inquiry
87 Compellability as a witness
88 Fees for attendance at coronial inquiries
89 Legal representation at coronial inquiry
90 Operation of section 503A of the Migration Act 1958 not affected
91 Powers of Parliament and Royal Commissions not affected
92 Compensation for acquisition of property
93 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
