Navigation (Marine Casualty) Amendment Regulations 2002 (No. 1) (Cth)

Navigation (Marine Casualty) Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 1992

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Navigation Act 1912.

Dated 22 August 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

1Name of Regulations

 These Regulations are the Navigation (Marine Casualty) Amendment Regulations 2002 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Navigation (Marine Casualty) Regulations 1990

Schedule 1 amends the Navigation (Marine Casualty) Regulations 1990.

Schedule 1Amendments

(regulation 3)

  

[1]Subregulation 3 (1), after definition of Inspector

insert

investigation means an investigation under Part 3 of these Regulations.

[2]Subregulation 15 (1)

omit

divulge information

insert

divulge information, or produce a document containing information,

[3]Subregulation 15 (1)

omit

to any person

insert

to a court or any person

[4]Paragraph 15 (1) (c)

substitute

• (c)

  the Executive Director; or

[5]Subregulation 15 (1A)

substitute

• (1A)

  Subregulation (1) applies to the following information:

  • (a)

    a statement (whether oral or in writing) obtained from a person by the Inspector or an investigator in the course of an investigation;

  • (b)

    the contents of a copy of, or an extract from, a record obtained by the Inspector or an investigator under paragraph 11 (1) (c) or 12 (1) (c);

  • (c)

    the contents of a record removed by the Inspector or an investigator from a ship or premises under paragraph 11 (1) (e) or 12 (1) (e);

  • (d)

    a communication with a person involved in the operation of a ship that is or was the subject of an investigation;

  • (e)

    medical or private information regarding a person involved in an incident that is or was the subject of an investigation;

  • (f)

    a record of analysis of information or things acquired in the course of an investigation (including opinions expressed by a person in that analysis);

  • (g)

    information recorded by the Inspector or an investigator in the course of an investigation.

[6]Subregulation 15 (2)

omit

A person to whom information

insert

A person to whom documents are produced or information

[7]After subregulation 15 (6)

insert

• (6A)

  An order by a court under subregulation (5) may require information to be disclosed to the court.

[8]Subregulation 16 (1)

omit

Secretary.

insert

Executive Director.

[9]Paragraph 16 (5) (b)

omit

Secretary.

insert

Executive Director.

[10]Subregulation 16 (6)

omit

Secretary

insert

Executive Director

Notes

1. These Regulations amend Statutory Rules 1990 No. 257, as amended by 1991 No. 462; 2001 No. 16; 2002 No. 13.

2. Notified in the Commonwealth of Australia Gazette