Retention of documents and other material
22 Retention of documents and other material
This clause applies to the following material—
a document or other thing produced under this Part,
a thing seized under this Part.
An authorised officer must provide a receipt for the document or thing.
An authorised officer may make copies of the document or thing.
An authorised officer may examine or test the document or thing, even though that might result in damage or destruction of the document or thing or a reduction in its value.
An authorised officer must return the document or thing when it is no longer needed for the purpose of an inspection, investigation or inquiry. However, if there is no owner or the authorised officer cannot, despite making reasonable efforts, locate the owner, the authorised officer may dispose of the document or thing in such manner as the authorised officer thinks appropriate.
Despite subclause (5), an authorised officer must make the document or thing available to a relevant body on the written request of the body for the purposes of—
an investigation under a law of the Commonwealth or another State or Territory, or
a coronial inquest or inquiry.
An authorised officer is not required to comply with any such request—
to the extent that the document or thing is or contains restricted information or an on-board recording (within the meaning of clause 9), or
if the authorised officer is of the opinion that making the document or thing available would be likely to interfere with a transport safety investigation or transport safety inquiry.
An authorised officer must permit a person who would be entitled to inspect the document or thing were it not in the possession of the authorised officer to inspect the document or thing at any reasonable time and to make copies of the document or thing.
In this clause—
owner includes an agent of an owner.
relevant body means—
a public sector agency within the meaning of the Government Sector Employment Act 2013, or
a NSW government agency, or
an agency of the Commonwealth or another State or Territory, or
a State or Territory Government, or
a coroner.
restricted information means any of the following—
all statements (whether oral or in writing) obtained from persons by the authorised officer in the course of a transport safety investigation or for the purposes of a transport safety inquiry (including any record of such a statement),
all information recorded by the authorised officer in the course of a transport safety investigation or for the purposes of a transport safety inquiry,
all communications with a person involved in the operation of rolling stock, a ferry, a bus or other vehicle that is or was the subject of a transport safety investigation or a transport safety inquiry,
medical or private information regarding persons (including deceased persons) involved in a matter that is being investigated,
information in relation to rolling stock, a ferry, a bus or other vehicle that is or was the subject of a transport safety investigation or a transport safety inquiry, recorded for the purposes of monitoring or directing the progress of the vehicle from one place to another or information recorded in relation to the operation of the vehicle,
records of the analysis of information or material acquired in the course of a transport safety investigation (including opinions expressed by a person in that analysis) or for the purposes of a transport safety inquiry,
information that is contained in a document produced on entry to premises under this Part.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.