Transport Safety Investigation (Consequential Amendments) Bill 2002


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Bills Digest No. 28  2002-03

Transport Safety Investigation (Consequential Amendments) Bill 2002

WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

CONTENTS

Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details


Passage History

Transport Safety Investigation (Consequential Amendments) Bill 2002

Date Introduced: 20 June 2002

House: House of Representatives

Portfolio: Transport and Regional Services

Commencement: The operational elements of the Bill commence immediately after the Transport Safety Investigation Bill 2002.

 

Purpose

To incorporate references to the Transport Safety Investigation Bill 2002 into existing transport safety and freedom of information legislation.

Background

The Transport Safety Investigation Bill 2002 provides for a new statutory position of the Executive Director of the Australian Transport Safety Bureau (ATSB). The Transport Safety Investigation (Consequential Amendments) Bill 2002 ensures that, in relation to safety investigations, the administering authorities of relevant Commonwealth transport-related Acts must cooperate with the ATSB Executive Director.

Main Provisions

Schedule 1

Item 1 repeals Part 2A of the Air Navigation Act 1920. Part 2A deals with the reporting and investigations of aircraft safety matters, including accidents. It will effectively be replaced by the Transport Safety Investigation Bill 2002.

Item 3 provides that cooperating with the ATSB Executive Director is a function of Airservices Australia under the Air Services Act 1995.

Item 4 provides that cooperating with the ATSB Executive Director is a function of the Australian Maritime Safety Authority under the Australian Maritime Safety Authority Act 1990.

Item 5 provides that cooperating with the ATSB Executive Director is a function of the Civil Aviation Safety Authority under Civil Aviation Act 1988.

Item 6 deletes the reference to subsection 19CU(1) of the Air Navigation Act 1920 from Schedule 3 of the Freedom of Information Act 1982 (FOI). Schedule 3 lists various provisions of a number of Acts that are effectively exempted from the normal right of access to documents. Item 6 is required due to the repeal of subsection 19CU(1) by item 1. The related item 7 inserts references to on board recordings and restricted information (see new Part 6 of the Transport Safety Investigation Bill 2002) into Schedule 3, making these exempt from FOI access. The explanatory memorandum to the Bill comments that this 'exemption is in compliance with Australia s international obligation to protect information collected in the course of no-blame safety investigations'.(1)

Endnotes

  1. At: p. 77.

 

Contact Officer and Copyright Details

Angus Martyn
27 August 2002
Bills Digest Service
Information and Research Services

This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document.

IRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members of the public.

ISSN 1328-8091
© Commonwealth of Australia 2002

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 2002.

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