46BCTransport safety inquiries

#### 46BC Transport safety inquiries 46BC Transport safety inquiries > > (1) The Minister may constitute one or more persons as a Board of Inquiry to conduct an inquiry (a transport safety inquiry) into any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations or a public passenger service carried on by means of a bus or ferry. > > > (2) A transport safety inquiry may be carried out and a report provided whether or not— > > > > > (a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or > > > > > (b) the matter is or may be subject to any criminal or civil proceedings, or > > > > > (c) the matter is the subject of an inquest or inquiry under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041). > > > (3) The Minister may not terminate a transport safety inquiry. > > > (4) A Board of Inquiry may, at a transport safety inquiry conducted by it, take evidence on oath or affirmation and, for that purpose, the person constituting the Board— > > > > > (a) may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and > > > > > (b) may administer an oath to, or take an affirmation from, a person appearing at the inquiry. > > > (5) In conducting a transport safety inquiry, a Board of Inquiry— > > > > > (a) is not bound to act in a formal manner, and > > > > > (b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate. > > > (6) If the Board of Inquiry agrees, an agent (including a legal practitioner) may represent a person or body at a transport safety inquiry. > > > (7) A Board of Inquiry is to determine its own procedure, except as provided by this Act or the regulations. > > **s 46BC:** Ins 2005 No 55, Sch 3 \[11\]. Am 2005 No 98, Sch 2.45; 2009 No 41, Sch 4; 2012 No 82, Sch 2.11 \[86\].