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.
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)
-
- At: p. 77.
Angus Martyn
27 August 2002
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 2002
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Published by the Department of the Parliamentary Library,
2002.
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