197Power to give advice on compliance

197 Power to give advice on compliance S. 197(1) amended by Nos 65/2010 s. 420(Sch. 3 item 16.9), 41/2019 s. 105, 34/2023 s. 119(1). (1) The Chief Investigator, Transport Safety may give advice to a person who has a duty or obligation under a transport safety law about complying with that duty or obligation. S. 197(2) amended by No. 34/2023 s. 119(2)(a). (2) The giving of advice by the Chief Investigator, Transport Safety under subsection (1) does not give rise to— S. 197(2)(a) amended by No. 34/2023 s. 119(2)(b). (a) any liability of, or other claim against, the Chief Investigator, Transport Safety; or (b) any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person given the advice; or (c) any defence that would not otherwise be available to that person. S. 197(3) amended by No. 34/2023 s. 119(3). (3) The power of the Chief Investigator, Transport Safety under this section to give advice may also be exercised by a delegate of the Chief Investigator, Transport Safety who has been authorised to do so. S. 197AA inserted by No. 25/2025 s. 90. 197AA Exemption from Freedom of Information Act 1982 The **Freedom of Information Act 1982** does not apply to a document that is in the possession of the Chief Investigator, Transport Safety, a delegate or agent of the Chief Investigator, Transport Safety or a person employed under section 192, to the extent to which— (a) the document was obtained, received or created as part of an investigation into a public transport safety matter or a marine safety matter under this Part or Part 2A of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**; or (b) the document is an incident report or complaint made in relation to a public transport safety matter or a marine safety matter, including a report made under section 49ZZF of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**; or (c) the document— (i) was acquired by the Chief Investigator as part of an investigation into a public transport safety matter or a marine safety matter; and (ii) is obtained by any person authorised under section 49ZZE of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**. Pt 7A (Heading) amended by No. 34/2023 s. 78. Pt 7A (Heading and ss 197A–197E) inserted by No. 49/2011 s. 3.