Document ID: chunk:federal_register_of_legislation:C2004A01103:clause:1_32ap:p1
Version: federal_register_of_legislation:C2004A01103
Segment Type: clause
Provision Reference: sch 1 cl 32AP (pt 1/2)
Character Range: 6916–9565

32AP  Copying or disclosing CVR information

 (1) A person is guilty of 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 is guilty of 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:
 (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.

 (4) If the court is satisfied that, in the circumstances of the case, the public interest in the proper determination of a material question of fact outweighs:
 (a) the public interest in protecting the privacy of members of crews of aircraft; and
 (b) any adverse domestic and international impact that the disclosure of the information might have on any future investigation under the Transport Safety Investigation Act 2003;
then the court may order such disclosure.

 (5) The court may direct that CVR information, or any information obtained from the CVR information, must not:
 (a) be published or communicated to any person; or
 (b) be published or communicated except in such manner, and to such persons, as the court specifies.

 (6) If a person is prohibited by this section from disclosing CVR information, then:
 (a) the person cannot be required by a court to disclose the information; and
 (b) any information disclosed by the person in contravention of this section is not admissible in