Document ID: chunk:federal_register_of_legislation:C2009A00020:clause:1_12aa
Version: federal_register_of_legislation:C2009A00020
Segment Type: clause
Provision Reference: sch 1 cl 12AA
Character Range: 6990–9438

12AA  Functions of the ATSB

 (1) The ATSB's function is to improve transport safety by means that include the following:
 (a) receiving and assessing reports of transport safety matters, reportable matters, and other safety information that is prescribed by the regulations;
 (b) independently investigating transport safety matters;
 (c) identifying factors that:
 (i) contribute, or have contributed, to transport safety matters; or
 (ii) affect, or might affect, transport safety;
 (d) communicating those factors to relevant sectors of the transport industry and the public in any way, including in any one or more of the following ways:
 (i) by making safety action statements;
 (ii) by making safety recommendations;
 (iii) by issuing safety advisory notices;
 (e) reporting publicly on those investigations;
 (f) conducting public educational programs about matters relating to transport safety;
 (g) any other means prescribed by the regulations.

 (2) The ATSB also has the following functions:
 (a) cooperating with:
 (i) an agency of the Commonwealth, a State or Territory that has functions or powers relating to transport safety or functions affected by the ATSB's function of improving transport safety; and
 (ii) a person who has, under a law of the Commonwealth, a State or Territory, functions or powers relating to transport safety or functions affected by the ATSB's function of improving transport safety; and
 (iii) a national authority or other body of another country that has functions or powers relating to transport safety or functions affected by the ATSB's function of improving transport safety;
 (b) doing anything incidental to its function of improving transport safety.

 (3) The following are not functions of the ATSB:
 (a) to apportion blame for transport safety matters;
 (b) to provide the means to determine the liability of any person in respect of a transport safety matter;
 (c) to assist in court proceedings between parties (except as provided by this Act, whether expressly or impliedly);
 (d) to allow any adverse inference to be drawn from the fact that a person was involved in a transport safety matter.
However, even though blame or liability may be inferred, or an adverse inference may be made, by a person other than the ATSB, this does not prevent the ATSB from carrying out its functions.

 (4) To avoid doubt, subsection (3) does not prevent the prosecution of any offence under this Act.