77Disclosing OBR information, CVR information, and restricted information given by the ATSB, where serious offence imminent

77 Disclosing OBR information, CVR information, and restricted information given by the ATSB, where serious offence imminent

(1) The Inspector may apply to an eligible Judge or nominated ART member for an order under subsection (6) allowing the Inspector to disclose OBR information, CVR information, or restricted information given to the Inspector by the ATSB, to another government agency, if the Inspector suspects on reasonable grounds that: (a) the commission of an offence is imminent; and (b) the offence is an offence against a law of the Commonwealth, or of a State or Territory, punishable by a maximum penalty of imprisonment for more than 2 years; and (c) the information may be relevant to the prevention of the offence. (2) The application may be made in writing or, if the Inspector thinks it is necessary because of urgent circumstances, by telephone. (3) The application must be accompanied by: (a) a statement by the Inspector, or a delegate of the Inspector, of his or her grounds for suspecting that an offence of the kind mentioned in paragraph (1)(b) is imminent; and (b) a statement by the Inspector, or a delegate of the Inspector, explaining why the information may be relevant to the prevention of the offence; and (c) a statement by the Chief Commissioner of the ATSB, or a delegate of the Chief Commissioner, that, in his or her opinion, the 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 agency or court; and (d) the proposed terms of the order. (4) If the application is made in writing, the accompanying statements and the proposed terms of the order must be in writing. (5) If the application is made by telephone: (a) the accompanying statements may be given by telephone, provided the person making the statement gives the Judge or ART member to whom the statement is made, on the next day after the statement is made that is not a Saturday, Sunday or public holiday in the place where it is made, an affidavit containing: (i) a copy of the statement made to the Judge or ART member by telephone; and (ii) a statement that the copy is a true record of the statement made to the Judge or ART member by telephone; and (b) the proposed terms of the order must be communicated to the Judge or ART member by telephone; and (c) the Inspector must inform the Judge or ART member to whom the application is made of the urgent circumstances on the basis of which the Inspector believes a telephone application is necessary. (6) An eligible Judge or nominated ART member may order that OBR information, CVR information, or restricted information given to the Inspector by the ATSB, be disclosed to a government agency if: (a) the Judge or ART member is satisfied that: (i) an offence of the kind mentioned in paragraph (1)(b) is imminent; and (ii) the information may be relevant to the prevention of the offence; and (b) having regard to the following matters, it is appropriate to make the order: (i) the extent to which the privacy of any person may be affected by the disclosure; (ii) the seriousness of the offence; (iii) the likelihood that the disclosure of the information would assist the agency in the prevention of the offence; (iv) the likelihood that the offence would be prevented without the disclosure of the information to the agency; (v) the effect that the disclosure may have on current or future investigations under the Transport Safety Investigation Act 2003. (7) The order may include conditions or restrictions on the disclosure of the information. (8) If the application for the order was made by telephone, the Judge or ART member must, as soon as practicable after making the order: (a) inform the Inspector or, if the application was made by a delegate of the Inspector, the delegate, of: (i) the terms of the order; and (ii) the day on which it was made; and (iii) the time at which it was made; and (b) give the order to the Inspector or delegate. (9) The government agency to which information is disclosed on the order of the Judge or ART member must not copy, make a record of, use or disclose the information for any purpose that is not related to the prevention of an offence against a law of the Commonwealth, or of a State or Territory, punishable by a maximum penalty of imprisonment for more than 2 years. (10) The Judge or ART member may copy, make a record of, use or disclose any information given to the Judge or ART member under this section for the purposes of exercising the powers under this section. (11) A person assisting the Judge or ART member in the exercise of powers under this section may copy, make a record of, use or disclose information given to that person in the course of providing that assistance, but only for the purpose of providing that assistance.