Commonwealth Consolidated Acts

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TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 26

Draft reports

  (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.


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