26Draft reports

#### 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.