Document ID: chunk:federal_register_of_legislation:C2024C00556:section:32ap:p1
Version: federal_register_of_legislation:C2024C00556
Segment Type: section
Provision Reference: s 32AP (pt 1/2)
Character Range: 186982–189608

32AP  Copying or disclosing CVR information
 (1) A person commits an offence if:
 (a) the person makes a copy of information; and
 (b) the information is CVR information.
Penalty: Imprisonment for 2 years.
 (2) A person commits an offence if:
 (a) the person discloses information to any person or to a court; and
 (b) the information is CVR information.
Penalty: Imprisonment for 2 years.
 (3) Subsection (1) or (2) does not apply to:
 (aa) copying or disclosure that is necessary for the purposes of checking whether equipment used to make a cockpit voice recording is functioning and reliable, provided the conditions set out in subsection (3A) are met; or
 (a) copying or disclosure for the purposes of an investigation under the Transport Safety Investigation Act 2003; or
 (b) copying or disclosure for the purposes of the investigation of any offence against a law of the Commonwealth, a State or a Territory; or
 (c) disclosure of CVR information to a court in criminal proceedings against a person who is not a crew member; or
 (d) disclosure of CVR information to a court in criminal proceedings against a person who is a crew member for an offence against a law of the Commonwealth, a State or a Territory punishable by a maximum penalty of imprisonment for life or more than 2 years, where:
 (i) the offence does not arise as a result of an act done or omitted to be done in good faith in the performance of the person's duties as a crew member; and
 (ii) the court makes a public interest order under subsection (4) in relation to the CVR information; or
 (e) disclosure to a court in damages proceedings where the court makes a public interest order under subsection (4) in relation to the CVR information.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
 (3A) The conditions that must be met for the purposes of paragraph (3)(aa) are:
 (a) the person who copies or discloses the CVR information for the purposes of checking the equipment is authorised to do so under the regulations; and
 (b) that person honestly and reasonably believes on the information available to him or her that:
 (i) the cockpit voice recording does not relate to a reportable matter (as defined for the purposes of the Transport Safety Investigation Act 2003); and
 (ii) the cockpit voice recording does not relate to an offence under the law of the Commonwealth, or of a State or Territory; and
 (iii) the crew members in relation to the CVR information were notified in writing, before the cockpit voice recording was made, of the intention to copy