Page:Transport Safety Investigations Act 2018.pdf/39

Rh (4) If any person fails to comply with a requirement under subsection (1) or (2), the court may, on the application of the Director, make such order as the court thinks fit to secure compliance with the requirement, and any such order may provide that all the costs or expenses of and incidental to the application must be borne by such person or by any officer of a company or other association who is responsible for the failure.

(5) However, subsection (4) does not apply if the person or individual to whom a requirement is made under subsection (1) or (2)—
 * (a) does not possess the document or information required; or
 * (b) has taken all reasonable steps available to the person or individual to obtain the document or information required and has been unable to obtain it.

Power to require medical examination, etc.

29.—(1) Where an investigator believes on reasonable grounds that the medical examination of an individual who is directly or indirectly involved in the operation of a transport vehicle involved in a transport occurrence is, or may be, relevant to the investigation, the investigator may, by written notice, require the individual to submit to a medical examination with a medical practitioner.

(2) Where an investigator believes on reasonable grounds that the performance of an autopsy on the body of a deceased, or the carrying out of other medical examinations of human remains, is, or may be, relevant to the conduct of the investigation, the investigator may cause such an autopsy or a medical examination to be performed.

(3) The power of an investigator under subsection (2) to cause such an autopsy or a medical examination to be performed includes the power to require, by written notice—
 * (a) the person having custody of the body of the deceased or other human remains to permit the performance of that autopsy or medical examination; and
 * (b) the autopsy report or medical examination report to be given to the investigator.