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Transport Safety Investigation Bill 2003

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2002-2003

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Transport Safety Investigation Bill 2002

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Clause 13, page 16 (lines 18 and 19), omit “is a suitable person to exercise those powers”, substitute “satisfies the criteria prescribed by the regulations”.

(2)     Clause 17, page 17 (line 21), after “international agreements”, insert “(as in force from time to time)”.

(3)     Clause 17, page 17 (after line 22), at the end of the clause, add:

             (2)  In exercising powers under this Act, the Executive Director must also have regard to any rules, recommendations, guidelines, codes or other instruments (as in force from time to time) that are promulgated by an international organisation and that are identified by the regulations for the purposes of this section.

(4)     Clause 22, page 20 (lines 23 to 28), omit paragraphs (c) and (d), substitute:

                     (c)  the occurrence occurs outside Australia and any of the following apply:

                              (i)  evidence relating to the occurrence is found in Australia;

                             (ii)  the appropriate authority of another country has requested the Executive Director to conduct, or to participate in, an investigation into the occurrence;

                            (iii)  the Executive Director considers that it is necessary to conduct, or to participate in, an investigation into the occurrence and the agreement of the appropriate authority of another country is obtained for the Executive Director to conduct, or to participate in, such an investigation;

                            (iv)  Australia has a right or obligation, under an international agreement, to participate in an investigation into the occurrence.

(5)     Clause 30, page 28 (lines 9 to 15), omit the clause, substitute:

30   Obligations of Executive Director before entering premises

             (1)  Before entering premises under this Part, the Executive Director must take reasonable steps to:

                     (a)  notify the occupier of the premises of the purpose of the entry; and

                     (b)  produce the Executive Director’s identity card for inspection by the occupier.

             (2)  The Executive Director is not entitled to exercise any powers under this Part in relation to premises if the Executive Director fails to comply with the requirement under subsection (1).

(6)     Clause 33, page 31 (lines 3 to 7), omit the clause, substitute:

33   Power to enter special premises without consent or warrant

             (1)  The Executive Director may enter special premises without the occupier’s consent and without obtaining a warrant if:

                     (a)  the Executive Director believes on reasonable grounds that it is necessary to do so; and

                     (b)  the investigation is an investigation into an immediately reportable matter.

             (2)  The Executive Director may enter the special premises with such assistance, and by such force, as is necessary and reasonable.

             (3)  Before entering special premises under subsection (1), the Executive Director must take reasonable steps to give to the occupier of the premises a written notice setting out the occupier’s rights and obligations under this Division in relation to the powers that may be exercised under section 36 upon entry.

             (4)  The Executive Director is not entitled to exercise any of those powers in relation to special premises the Executive Director has entered under subsection (1) if the Executive Director fails to comply with the requirement under subsection (3).

 

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

26 March 2003