9Retention of documents and other material

9 Retention of documents and other material

9 Retention of documents and other material

(1) This clause applies to the following material—

(a) a document or other thing produced under this Part,

(b) a thing seized under this Part.

(2) The Chief Investigator or a transport safety investigator must provide a receipt for the document or thing.

(3) The Chief Investigator may make copies of the document or thing.

(4) The Chief Investigator may examine or test the document or thing, even though that might result in damage or destruction of the document or thing or a reduction in its value.

(5) The Chief Investigator must return the document or thing when it is no longer needed for the purpose of an investigation. However, if there is no owner or the Chief Investigator cannot, despite making reasonable efforts, locate the owner, the Chief Investigator may dispose of the document or thing in such manner as the Chief Investigator thinks appropriate.

(6) Despite subclause (5), the Chief Investigator must make the document or thing available to a relevant body on the written request of the body for the purposes of—

(a) an investigation under a law of the Commonwealth or another State or Territory, or

(b) a coronial inquest or inquiry.

(7) The Chief Investigator is not required to comply with any such request—

(a) to the extent that the document or thing is or contains restricted information or an on-board recording, or

(b) if the Chief Investigator is of the opinion that making the document or thing available would be likely to interfere with any transport safety investigation to which the document or thing relates.

(8) In this clause—

on-board recording means a recording—

(a) that consists of (or consists mainly of) sounds or images, or sounds and images, of persons in the control area of rolling stock, a bus or a ferry, and

(b) that was made in order to comply with a law of this State, and

(c) any part of which was made at the time of the occurrence of an accident or incident that involved the rolling stock, bus or ferry.