37Requesting OBR information and restricted information from the ATSB

37 Requesting OBR information and restricted information from the ATSB

(1) If the Inspector believes that the ATSB has OBR information or restricted information that is relevant to an inquiry conducted in accordance with a direction of the Minister under section 11, the Inspector may request the ATSB to disclose the information to the Inspector. (2) The ATSB may comply with the request, if the Chief Commissioner of the ATSB believes that any adverse effect that the disclosure may have on current or future investigations under the Transport Safety Investigation Act 2003 is outweighed by the public interest served by disclosing the information to the Inspector. Application of section 53 of the Transport Safety Investigation Act 2003 (3) Subsections 53(1) and (2) of the Transport Safety Investigation Act 2003 do not apply to: (a) anything done by the ATSB under subsection (2) of this section; or (b) anything done by another person for the purpose of assisting the ATSB in the exercise of his or her power under subsection (2) of this section.

Note: A defendant bears an evidential burden in relation to a matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

Application of section 60 of the Transport Safety Investigation Act 2003 (4) Subsections 60(1) and (2) of the Transport Safety Investigation Act 2003 do not apply to anything done by a person for the purpose of assisting the ATSB in the exercise of its power under subsection (2) of this section.

Note: A defendant bears an evidential burden in relation to a matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

Application of other laws to disclosure by the ATSB under subsection 37(2) (5) The ATSB may exercise its power under subsection (2) despite any other law.

Note: This subsection constitutes authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.

(6) The Inspector, or a person assisting the Inspector in the exercise of powers or the performance of functions under this Act (an assistant), may, for the purposes of an inquiry conducted in accordance with a direction of the Minister under section 11: (a) copy, make a record of or use OBR information; and (b) copy, make a record of or use restricted information given to the Inspector by the ATSB; and (c) subject to subsection (7), disclose OBR information, and restricted information given to the Inspector by the ATSB. (7) Neither the Inspector nor an assistant may, for the purposes of an inquiry conducted in accordance with a direction of the Minister under section 11, disclose OBR information, or restricted information given to the Inspector by the ATSB, without the prior agreement of the Chief Commissioner of the ATSB, if, after consultation with the ATSB, the Chief Commissioner of the ATSB is of the opinion that the disclosure may: (a) compromise an investigation that is being conducted by the ATSB; or (b) have a substantial adverse effect on the proper and efficient conduct of the operations of the ATSB. (8) A person commits an offence if: (a) restricted information that was given to the Inspector by the ATSB is disclosed to the person; and (b) the information is disclosed in circumstances permitted under paragraph (6)(c); and (c) the information is not disclosed to the person because the person is exercising powers or performing functions under this Act, or assisting another person in the exercise of powers or performance of functions under this Act; and (d) the person does any of the following: (i) copies, or makes a record of, the information; (ii) uses the information; (iii) discloses the information to any other person or to a court, a tribunal or a coroner.