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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 22 September 2017 at 19:58)
Part 4 Division 2 Section 66
66   Information may not be used in certain proceedings
(1)  Information that the Chief Investigator or ITSRR obtains by way of a report under section 65 cannot be used in evidence in any criminal or civil proceedings against the rail transport operator that provided the report.
(2)  However, the information may be relied on in any administrative action under this or any other Act if the action is taken for the purpose of the safe carrying out of railway operations.
(3)  Despite subsection (1), a court may direct, if it is of the opinion that it is in the public interest to do so, that information referred to in subsection (1) may be used in evidence in particular criminal or civil proceedings against the rail transport operator, subject to the rules of evidence.
(4)  In determining the public interest under this section, a court is to take into account the adverse impact that use of the information may have on future disclosures by rail transport operators under section 65.
(5)  This section does not apply:
(a)  to a train safety recording (other than material prescribed by the regulations for the purposes of this section), or
(b)  in relation to criminal proceedings for an offence under Division 3 of Part 5 of the Crimes Act 1900, or
 Division 3 of Part 5 of the Crimes Act 1900 contains offences dealing with the provision of false or misleading information.
(c)  to information, or in circumstances, that may be prescribed by the regulations.