Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 19

             (1)  If a responsible person has knowledge of an immediately reportable matter or a routine reportable matter, then the person must within 72 hours give a written report of the matter (containing the particulars prescribed by the regulations) to a nominated official.

Penalty:  30 penalty units.

             (2)  Subsection (1) does not apply if the person believes, on reasonable grounds, that another responsible person has already given such a report to a nominated official.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code .

             (3)  Subsection (1) does not apply if:

                     (a)  the person has already reported in writing on the matter under the Navigation Act 1912 or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or

                     (b)  the person believes, on reasonable grounds, that another responsible person has already reported in writing on the matter under either of those Acts.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code .

             (4)  The Chief Commissioner may, by notice in writing to a responsible person, require the person to give the Chief Commissioner a written report in relation to an immediately reportable matter or a routine reportable matter within the period specified in the notice, by the means prescribed and including the particulars prescribed by the regulations.

             (5)  The Chief Commissioner must not require a responsible person to give a report under subsection (4) unless either:

                     (a)  the Chief Commissioner is satisfied that:

                              (i)  the person has knowledge of the immediately reportable matter or routine reportable matter; but

                             (ii)  the person is one to whom subsection (1) does not apply because of the operation of subsection (2) or (3); or

                     (b)  the Chief Commissioner is satisfied that:

                              (i)  the person is one to whom subsection (1) applies despite the operation of subsection (2) or (3); and

                             (ii)  the person may have information that was not communicated in a report given under subsection (1).

             (6)  The responsible person must comply with the notice.

Penalty:  30 penalty units.

             (7)  A prosecution of a person for an offence against subsection (1) may be commenced at any time within 6 years after the commission of the offence.