Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Transport Safety Investigation Act 2003
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
Latest version
Order print copy
Save this title to My Account
Set up an alert
C2024C00120 (C10)
20 March 2024
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Act binds the Crown
5 External Territories
6 Application outside Australia
8 Application of Criminal Code
10 Relationship with other laws
11 Constitutional limitations on powers and functions
Collapse
Part 2—Australian Transport Safety Bureau
Collapse
Division 1—Establishment, functions and powers of Bureau
12 Establishment of the Australian Transport Safety Bureau (ATSB)
12A Constitution of the ATSB
12AA Functions of the ATSB
12AB Independence of the ATSB and Chief Commissioner
12AC Minimal disruption to transport services
12AD International obligations
12AE Minister may give the ATSB notices about its strategic direction
Division 2—Appointment of Commissioners
13 Appointment
13A Term of appointment
13AA Remuneration and allowances
13AB Leave of absence
13AC Outside employment
13AD Resignation
13AE Disclosure of interests
13AF Other terms and conditions
13AG Termination of appointment
13AH Acting Chief Commissioner
Division 3—ATSB procedures
Collapse
Subdivision A—Meetings
14 Times and places of meetings
14A Conduct of meetings
Subdivision B—Decisions without meetings
14AB Decisions without meetings
14AC Record of decisions
Division 4—Chief Executive Officer
15 Chief Executive Officer
15A Functions of the Chief Executive Officer
Division 5—Staff and consultants
16 Staff
16A Staff to be made available to the ATSB
16B Consultants
Collapse
Part 3—Reporting of accidents etc.
Collapse
Division 1—Compulsory reporting
18 Immediate reports
19 Written reports within 72 hours
20 Nominated officials for receiving reports
Collapse
Division 2—Voluntary reporting
20A Voluntary reporting scheme
Collapse
Part 4—Investigations and reports
Collapse
Division 1—Investigations
21 Investigations
21A State or Territory Minister may request investigation of certain transport safety matters
22 Restriction on investigations of transport safety matters
23 Transport safety matters
24 Offence to hinder etc. an investigation
Collapse
Division 2—Investigation reports
25 Reports on investigations
25A Responses to reports of, or containing, safety recommendations
26 Draft reports
27 Reports not admissible in evidence
Collapse
Part 5—Investigation powers
Collapse
Division 1—Preliminary
28 Powers only exercisable in relation to an investigation
29 Identity cards
30 Obligations of Chief Commissioner before entering premises
31 Powers conferred on magistrates
Collapse
Division 2—Requirement to attend before ATSB
32 ATSB may require persons to attend and answer questions etc.
Collapse
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 Chief Commissioner with facilities and assistance
38 Occupier entitled to be present during search
39 Power to stop and detain transport vehicles
Collapse
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.
Collapse
Division 5—Protection orders
43 Protection orders by Chief Commissioner
Collapse
Division 6—Securing accident sites
44 Securing accident sites
Collapse
Division 7—Miscellaneous
45 Retention, testing etc. of evidential material
46 Compensation for damage to electronic equipment
47 Self incrimination not an excuse
Collapse
Part 6—Protection of OBR information and restricted information
Collapse
Division 1—OBR information
48 Definition of OBR or on board recording
49 OBR ceasing to be an OBR under declaration of ATSB
50 ATSB certificate about disclosure of OBR information
51 Release of OBR information in the interests of transport safety
52 ATSB 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
Collapse
Division 2—Restricted information
60 Limitations on disclosure etc. of restricted information
61 Release of restricted information in the interests of transport safety
62 ATSB may authorise persons to have access to restricted information
Collapse
Division 3—Miscellaneous
63 Powers of Parliament and Royal Commissions not affected
Collapse
Part 6A—Reporting requirements
63A Annual report
Collapse
Part 7—Miscellaneous
63B Delegation by the ATSB
63C Delegation by the Chief Commissioner
63D Delegation by the Chief Executive Officer
63E Special investigators
64 Immunity
65 Certification of involvement in investigation
66 Staff members etc. not compellable as witnesses
67 Attendance fees where staff members etc. attend coronial inquiry
68 Legal representation for staff members etc. at coronial inquiry
69 Exercise of powers under State and Territory laws
70 Compensation for acquisition of property
71 Regulations
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history