Document ID: chunk:federal_register_of_legislation:C2024C00566:section:75:p1
Version: federal_register_of_legislation:C2024C00566
Segment Type: section
Provision Reference: s 75 (pt 1/2)
Character Range: 93943–96673

75  Application of other laws to copying, recording, use and disclosure of restricted information given to the Inspector by the ATSB
 (1) Subsections 60(1), (2) and (3) of the Transport Safety Investigation Act 2003 do not apply to making a record of or disclosing restricted information given to the Inspector by the ATSB, if that conduct is permitted, either expressly or by implication, under this Act.
Note 1: Section 60 of the Transport Safety Investigation Act 2003 creates offences relating to the making of a record of, or the disclosure of, restricted information by a person who is a staff member for the purposes of that Act, or who has received restricted information under section 62 of that Act.
Note 2: A defendant bears an evidential burden in relation to a matter in subsection (1): see subsection 13.3(3) of the Criminal Code.
 (2) A person commits an offence if:
 (a) the person:
 (i) copies, or makes a record of, information; or
 (ii) uses information; or
 (iii) discloses information; and
 (b) the information is restricted information given to the Inspector by the ATSB under subsection 37(2); and
 (c) the person has obtained the information in the course of exercising a power or performing a function under this Act, or assisting another person in the exercise of powers or performance of functions under this Act.
Penalty: Imprisonment for 2 years.
 (3) Subsection (2) does not apply if:
 (a) the information is copied, recorded, used or disclosed in circumstances in which that conduct is permitted, either expressly or by implication, under this Act; or
 (b) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against this Act; or
 (c) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) that relates to this Act; or
 (d) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section 149.1 of the Criminal Code (obstruction of Commonwealth public officials) that relates to this Act; or
 (e) the information is disclosed to a court in a civil proceeding or to a coronial inquiry in relation to which:
 (i) the Minister issues a certificate under subsection (4); and
 (ii) the court or coroner makes an order under subsection (6); or
 (f) the information is disclosed to a court in a criminal proceeding in relation to which:
 (i) the Minister issues a certificate under subsection (5); and
 (ii) the court makes an order under subsection (6).
Note: A defendant bears an evidential burden in relation to a matter in subsection (3): see subsection