Document ID: chunk:federal_register_of_legislation:C2024C00566:section:77:p1
Version: federal_register_of_legislation:C2024C00566
Segment Type: section
Provision Reference: s 77 (pt 1/3)
Character Range: 100168–102799

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