(1) The ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate, for the purpose of:
(a) allowing the person to make submissions to the ATSB about the draft report; or
(b) giving the person advance notice of the likely form of the published report.
(2) A person who receives a draft report under subsection ( 1) or (4) must not:
(a) make a copy of the whole or any part of the report; or
(b) disclose any of the contents of the report to any other person or to a court.
Penalty :
(a) in the case of a contravention of paragraph ( a) - 20 penalty units; or
(b) in the case of a contravention of paragraph ( b) - imprisonment for 2 years.
(3) Strict liability applies to the element of the offence against subsection ( 2) that the draft report is received under subsection ( 1) or (4).
(4) Subsection ( 2) does not apply to any copying or disclosure that is necessary for the purpose of:
(a) preparing submissions on the draft report; or
(b) taking steps to remedy safety issues that are identified in the draft report.
Note: A defendant bears an evidential burden in relation to a matter in subsection ( 4). See subsection 13.3(3) of the Criminal Code .
(5) A person who receives a draft report under subsection ( 1) or (4) cannot be required to disclose it to a court.
(6) A person who receives a draft report under subsection ( 1) or (4) is not entitled to take any disciplinary action against an employee of the person on the basis of information in the report.
(7) A draft report provided under subsection ( 1) must
not include the name of an individual unless the individual has consented to
that inclusion.