Page:Transport Safety Investigations Act 2018.pdf/26

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26
NO. 36 OF 2018


PART 4
INVESTIGATIONS AND REPORTS

Division 1—Investigations

Preliminary assessment after notification

14.—(1) Upon receiving a notification under section 12(1) or (2) about a transport occurrence, the Director must determine—

(a) whether or not a duty to investigate under section 15 arises in respect of that transport occurrence; or
(b) if no such duty arises, whether or not an investigation in respect of that transport occurrence should be conducted.

(2) The Director may exercise any powers conferred on an investigator under this Part for the purposes of making a preliminary assessment under this section.

Duty to investigate

15.—(1) Subject to section 16, as soon as an immediately reportable matter has been notified to a nominated official under section 12(1), and if the Director believes that the circumstances of the reportable matter—

(a) have, or are likely to have, significant implications for transport safety; and
(b) may allow the TSIB to establish findings or make recommendations which may improve transport safety,

an investigation must be carried out into the matter.

(2) Subject to section 16, the Director—

(a) may cause an investigation into any other transport occurrence notified to a nominated official under section 12(1) or (2); and
(b) must cause an investigation into a transport occurrence (whether or not notified under section 12(1) or (2)) if ordered in writing by the Minister to do so.