Transport Safety Investigation Amendment Regulations 2009 (No. 1) (Cth)

Transport Safety Investigation Amendment Regulations 2009 (No. 1)¹

Select Legislative Instrument 2009 No. 149

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Transport Safety Investigation Act 2003.

Dated 24 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the Transport Safety Investigation Amendment Regulations 2009 (No. 1).

Commencement

These Regulations commence on 1 July 2009.

Amendment of Transport Safety Investigation Regulations 2003

Schedule 1 amends the Transport Safety Investigation Regulations 2003.

Schedule 1 Amendments

(regulation 3)

[1] After regulation 2.5

insert

2.5AImmediate reports (Act s 18)

(1)This regulation is made for subsection 18 (1) of the Act and applies to an immediately reportable matter of a kind referred to in regulation 2.3 (air transport operations).

(2)The following particulars are prescribed:

(a)the type, model, nationality, registration marks and flight number (if any) of the aircraft the subject of the immediately reportable matter;

(b)the type of aircraft operation that the aircraft was engaged in at the time of the immediately reportable matter;

(c)the name and contact details of the operator of the aircraft;

(d)the nature of the immediately reportable matter;

(e)a description of the damage to the aircraft or any other property;

(f)a description of any dangerous goods on board the aircraft;

(g)whether a person died, or was seriously injured, as a result of the immediately reportable matter;

(h)where the immediately reportable matter occurred (including a description of the location, or the geographical coordinates);

(i)the aircraft’s place of departure and destination;

(j)the day and local time when the immediately reportable matter occurred;

(k)a description of the following in relation to the immediately reportable matter:

(i)what happened;

(ii)how and why it happened.

(3)When making the report, the responsible person must give the nominated official:

(a)his or her name; and

(b)a method of contacting the person that will enable the person to be promptly contacted for an inquiry into the matter.

Example

A telephone number or other form of electronic communication.

[2] Subregulation 2.6 (1)

omit

the purposes of section 19

insert

subsections 19 (1) and (4)

[3] Subregulation 2.6 (1)

omit

as much of the following information as is

insert

as many of the following particulars as are

[4] Paragraph 2.6 (1) (q)

substitute

(q)if the matter resulted in a death or serious injury, and the aircraft carried an emergency locator transmitter — whether the emergency locator transmitter was fixed or portable and whether it was activated at the time the immediately reportable matter occurred;

[5] Subregulation 2.6 (2)

omit

the purposes of section 19

insert

subsections 19 (1) and (4)

[6] Subregulation 2.6 (2)

omit

only as much of the following information as is

insert

as many of the following particulars as are

[7] Paragraph 2.7 (a)

omit

other than a special investigator

[8] After regulation 3.4

insert

3.4AImmediate reports (Act s 18)

(1)This regulation is made for subsection 18 (1) of the Act and applies to an immediately reportable matter of a kind referred to in regulation 3.3 (marine operations).

(2)The particulars specified by Form MO–31/14 of the Marine Orders, Part 31: Ship surveys and certification, Issue 6, Order No. 6 of 2006, as in force from time to time, are prescribed.

[9] Regulation 3.5

substitute

3.5Written reports (Act s 19)

For subsections 19 (1) and (4) of the Act, the particulars specified by Form MO–31/15 of the Marine Orders, Part 31: Ship surveys and certification, Issue 6, Order No. 6 of 2006, as in force from time to time, are prescribed.

[10] Paragraph 3.6 (a)

omit

other than a special investigator

[11] After regulation 4.4

insert

4.4AImmediate reports (Act s 18)

(1)This regulation is made for subsection 18 (1) of the Act and applies to an immediately reportable matter of a kind referred to in regulation 4.3 (rail vehicle operations).

(2)The following particulars are prescribed:

(a)if a responsible person is required to give a report of the reportable matter to an authority of the State or Territory in which the reportable matter occurred — the particulars required to be given in that report; or

(b)in any other case:

(i)the name and contact details of the person making the report; and

(ii)the role of the person making the report in relation to the rail vehicle the subject of the immediately reportable matter; and

(iii)details of the rail vehicles involved; and

(iv)the name of the owner of the rail vehicle; and

(v)the name and contact details of the operator of the rail vehicle; and

(vi)if the rail vehicle was under hire when the reportable matter occurred, the name of the hirer; and

(vii)the name of the driver of the rail vehicle; and

(viii)the place where the reportable matter occurred; and

(ix)the day and local time when the reportable matter occurred; and

(x)if any crew members have died or been seriously injured as a result of the reportable matter, how many, and their names; and

(xi)if any passengers have died or been seriously injured as a result of the reportable matter, how many, and their names; and

(xii)if any other persons have died or been seriously injured as a result of the reportable matter, how many, and their names; and

(xiii)the nature of the reportable matter, including a brief description of the occurrence; and

(xiv)a general statement of the causes of the occurrence, including operational or technical problems, or rail vehicle, track or other infrastructure defects.

[12] Regulation 4.5

omit

the purposes of section 19

insert

subsections 19 (1) and (4)

[13] Paragraph 4.5 (a)

omit

information

insert

particulars

[14] Paragraph 4.5 (b)

omit

as much of the following information as is

insert

as many of the following particulars as are

[15] Subparagraph 4.5 (b) (vii)

substitute

(vii)the name of the driver of the rail vehicle;

[16] Subparagraphs 4.5 (b) (x), (xi) and (xii)

omit

and nationalities

[17] Paragraph 4.6 (a)

omit

other than a special investigator

[18] Paragraph 4.6 (b), except the note

substitute

(b)an employee of a State or Territory authority to which reports of reportable matters must be given.

[19] Subregulation 4.7 (2)

substitute

(2)Subregulation (1) does not apply if:

(a)the nominated official who receives the report under section 18 or 19 of the Act believes, on reasonable grounds, that a responsible person has already given, or will give, the report to a nominated official mentioned in paragraph 4.6 (a); or

(b)the nominated official mentioned in paragraph 4.6 (a) has advised the nominated official mentioned in paragraph 4.6 (b) that the report does not need to be passed on.

[20] Regulation 5.1, heading

substitute

5.1Delegation (Act ss 63B and 63C )

[21] Regulation 5.1

omit

the purposes of subsection 13 (6)

insert

subsections 63B (2) and 63C (5)

[22] After regulation 5.1

insert

5.1ADelegation by the Chief Executive Officer (Act s 63D)

For subsection 63D (3) of the Act, knowledge of, and experience in implementing, the requirements of the Financial Management and Accountability Act 1997 and the Public Service Act 1999 are prescribed as criteria.

[23] Regulation 5.2, heading

substitute

5.2Special investigators (Act s 63E)

[24] Regulation 5.2

omit

the purposes of section 14

insert

section 63E

[25] After regulation 5.2

insert

5.2AFunctions of ATSB (Act s 12AA)

For paragraph 12AA (1) (a) of the Act, the following safety information is prescribed:

(a)information obtained or generated under the REPCON Marine scheme established by regulation 5 of the Navigation (Confidential Marine Reporting Scheme) Regulations 2008;

(b)information obtained or generated under the REPCON scheme established by regulation 5 of the Air Navigation (Confidential Reporting) Regulations 2006;

(c)information obtained or generated under Subpart 13.K of Part 13 of the Civil Aviation Safety Regulations 1998.

[26] Regulation 5.3, heading

substitute

5.3International obligations (Act s 12AD)

[27] Subregulation 5.3 (1)

omit

the purposes of subsection 17 (1)

insert

subsections 12AD (1) and (2)

[28] Subregulation 5.3 (2)

omit

the purposes of subsection 17 (2)

insert

subsection 12AD (3)

[29] After regulation 5.4

insert

5.4AWritten reports (Act s 19)

For subsection 19 (4) of the Act, the following means are prescribed:

(a)post;

(b)facsimile;

(c)email;

(d)electronic lodgement using the Internet.

[30] Regulation 5.6, heading

substitute

5.6Fees for attending before ATSB (Act s 32)

[31] Subregulations 5.6 (1) and (4)

omit

Executive Director

insert

ATSB

[32] Subregulation 5.6 (5)

omit

Executive Director

insert

Chief Commissioner

[33] Subregulation 5.6 (5)

omit

Employment and Workplace Relations

insert

Education, Employment and Workplace Relations

[34] Subregulation 5.6 (6)

omit

Executive Director for the travel to attend before the Executive Director

insert

Chief Commissioner for the travel to attend before the ATSB

[35] Regulations 5.7 and 5.8

omit each mention of

Executive Director

insert

ATSB

[36] Subparagraph 5.9 (1) (d) (ii)

omit

Executive Director

insert

Chief Commissioner

[37] Further amendments

The following provisions are amended by omitting ‘section 3’ and inserting ‘subsection 3 (1)’:

·subregulation 2.3 (1)

·subregulation 2.3 (3)

·subregulation 2.4 (1)

·subregulation 2.4 (2)

·regulation 2.5

·regulation 2.7, note

·subregulation 3.3 (1)

·regulation 3.4

·regulation 3.6, note

·subregulation 4.3 (1)

·regulation 4.4

·regulation 4.6, note.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See