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Inspector of Transport Security Bill 2006

Part 2 Objects and overview of Act

Division 1 Objects

9   Objects

             (1)  The object of this Act is to improve the security of transport and security regulated offshore facilities by providing for independent inquiry into transport security matters and offshore security matters.

             (2)  It is also an object of this Act that, during an inquiry into a matter, the Inspector will not interfere with the investigations of another government agency, or a coronial inquiry, into the matter.

             (3)  It is not an object of this Act:

                     (a)  to apportion blame in relation to a matter; or

                     (b)  to provide the means to determine the liability of any person in relation to a matter; or

                     (c)  to allow any adverse inference to be drawn from the fact that a person is the subject of an inquiry into a matter.


Division 2 Overview

10   General overview of Act

             (1)  This Act provides for the appointment of an Inspector of Transport Security to inquire into transport security matters and offshore security matters.

             (2)  The Inspector may only inquire into such matters in accordance with a direction from the Minister.

             (3)  The Inspector is given the powers necessary to conduct an inquiry. These include powers in relation to the gathering of information (see Part 5).

             (4)  Once an inquiry is completed, the Inspector must give the Minister a final report setting out his or her conclusions and recommendations, having taken into account submissions made on any draft report (see Divisions 3 and 4 of Part 6).

             (5)  If, during the course of an inquiry, the Inspector concludes that a matter demonstrates no security issue, the Inspector must give the Minister an interim report setting out that conclusion and the Minister must revoke the direction under which the inquiry has been conducted (see Division 2 of Part 6).

             (6)  The confidentiality of information gathered by the Inspector in the course of an inquiry is protected by limiting the circumstances in which the information may be copied, recorded, used or disclosed (see Parts 5, 6, 7 and 8).

             (7)  The “no blame” nature of the Inspector’s inquiry (see subsection 9(3)) is reinforced by provisions that limit the admissibility of reports and the use of draft reports in disciplinary proceedings.