In forceAmended2020 Revised Edition

Contents

Air Navigation Act 1966 · 2020 Revised Edition · Part 2 · Regulatory Framework for Safety in Aviation

48. Limits to disclosure of protected information

Amended

Last amended by an amending law of 2019. 2 amendments in all.

(1)

Subject to subsection (2), every designated person and any other person who has or has had access to any protected information must not disclose or make available any protected information to any other person or a court.

(2)

However, subsection (1) does not apply —

(a)

to anything done by a person in performing functions or exercising powers under, or in connection with, any voluntary reporting rules;

(b)

to disclosure to a court in civil proceedings where the General Division of the High Court makes an order under subsection (3);

(c)

to disclosure authorised by a competent authority under subsection (4);

(d)

to disclosure to a court in criminal proceedings for an offence under section 86; and

(e)

to disclosure in an anonymised form or as statistics which do not identify any person.

(3)

If the General Division of the High Court is satisfied that any adverse domestic or international impact that the disclosure might have on any current or future collection and availability of aviation safety matter is outweighed by the public interest in the administration of justice, the General Division of the High Court may order the disclosure of protected information.

(4)

If a competent authority is satisfied, having regard to the aviation safety matter in question, that any adverse domestic or international impact that the disclosure might have on any current or future collection and availability of aviation safety matter is outweighed by the need for maintaining or improving aviation safety, the competent authority may order the disclosure of protected information.

(5)

In making an order under subsection (3) or (4), the General Division of the High Court or competent authority (as the case may be) may direct that the protected information, must not —

(a)

be published or communicated to any particular person or persons; or

(b)

be published or communicated except —

(i)

in an anonymised form or as statistics which do not identify any person; or

(ii)

in such other manner, and to such persons, as the General Division of the High Court or competent authority specifies.

(6)

If a person is prohibited by this section from disclosing any protected information, then the person cannot be required by any court to disclose the information, and any information disclosed by the person in contravention of this section is not admissible in any civil proceedings or any criminal proceedings (other than proceedings against the person under this section).[12C

Terms defined in this Act

aviation safety matter
Defined · s 45
“aviation safety matter” means any information about any conduct, transaction, process, practice, occurrence, circumstance or matter that affects, or might affect, aviation safety, and includes —(a)safety matter within the meaning given by section 29;(b)any facts, statistics or other data about any conduct, transaction, process, practice, occurrence, circumstance or matter affecting, or that might affect, aviation safety, and which is in a form that is capable of being communicated, analysed or processed (whether by an individual or a computer or other automated methods); and(c)data sets that are relevant to aviation safety management,but does not include excluded information;
Open s 45
competent authority
Defined · s 45
“competent authority” means the person designated by the voluntary reporting rules as the competent authority for the purpose of section 48(4) in respect of each voluntary and confidential reporting scheme established by those rules;
Open s 45
designated person
Defined · s 2
“designated person” means a person designated in voluntary reporting rules for the purposes of the voluntary reporting scheme established by those rules;
Open s 2
protected information
Defined · s 45
“protected information” means —(a)information that is contained in a report of an aviation safety matter made under any voluntary reporting rules;(b)information that is obtained or generated by a designated person in the course of considering a report of an aviation safety matter made under any voluntary reporting rules;(c)records of the analysis of information contained in a report of an aviation safety matter made under any voluntary reporting rules, including opinions expressed by a person in that analysis; or(d)information about any other aviation safety matter that is obtained or generated by the Authority in the performance of its functions or duties under this Act or any other written law.[12
Open s 45
voluntary reporting rules
Defined · s 2
“voluntary reporting rules” means rules made under section 46;
Open s 2

Report

Part 2A

Air Transport Undertakings

Read on from Part 2A

Part 2B

Aviation Security

Read on from Part 2B

Part 3

Control of Obstructions in Vicinity of Aerodromes

Read on from Part 3

Part 3A

Miscellaneous Matters

Read on from Part 3A

Part 4

Restriction on Claims for Damages and Compensation

Read on from Part 4

Part 5

Saving Provisions

Read on from Part 5