Revised Explanatory Memorandum
(Circulated by authority of the Minister for Transport and Regional Services, the Honourable Mark Vaile, MP)Outline
The Inspector of Transport Security (Consequential Provisions) Bill 2006 is important to encourage the voluntary disclosure of information under the Inspector of Transport Security Bill 2006.
The object of the Bill is to provide an exemption from a request under the Freedom of Information Act 1982 for information gathered by the Inspector of Transport Security in the course of an inquiry.
The Inspector's inquiries will be conducted on a "no-blame" basis, that is, the information generated or gathered in the course of inquiries cannot be used as evidence in civil or criminal proceedings except in very limited circumstances set out in the Inspector of Transport Security Bill 2006. This approach is consistent with Australia's international obligations with respect to the collection and use of information arising from safety incidents involving transport.
Consistent with this approach the Bill protects the information generated or gathered in the course of inquiries from being released under an FOI claim and supports the other confidentiality provisions in the Inspector of Transport Security Bill 2006.
Notes on clauses
This clause is a formal provision specifying the title of the proposed Act. The Bill once enacted will be known as the Inspector of Transport Security (Consequential Provisions) Act 2006.
This clause provides that the main operating provisions of the Bill commence at the same time as section 3 of the Inspector of Transport Security Act 2006.
It is necessary that this Bill commences no later than on commencement of the Inspector of Transport Security Bill 2006 to avoid a situation where information generated or gathered in the course of an enquiry can be release under an FOI request.
This clause provides that the Schedule to the Bill specifies each Act that is to be amended or repealed and that any other item in the Schedule has effect according to its terms.
This Schedule amends Schedule 3 of the Freedom of Information Act 1982 by inserting the relevant references to the Inspector of Transport Security Act 2006. The relevant references are those that deal with information generated or gathered in the course of an inquiry under that Act. This includes all information gathered in the course of an inquiry and the draft and final reports.