Commonwealth Consolidated Acts

INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 56

             (1)  A person commits an offence if:

                     (a)  the person receives a draft report under section 55 or as a result of a disclosure permitted under subsection (2) of this section; and

                     (b)  the person does any of the following:

                              (i)  copies, or makes a record of, any part of the report;

                             (ii)  uses any part of the report;

                            (iii)  discloses any of the contents of the report to any person or to a court, tribunal or coroner.

Penalty:  Imprisonment for 2 years.

             (2)  Subsection (1) does not apply to any conduct that is necessary for the purpose of:

                     (a)  preparing submissions on the draft report; or

                     (b)  taking steps to remedy security deficiencies that are identified in the draft report.

Note:          A defendant bears an evidential burden in relation to a matter in subsection (2): see subsection 13.3(3) of the Criminal Code .

             (3)  A person who receives a draft report under section 55, or as a result of a disclosure permitted under subsection (2) of this section, cannot be required to disclose it to a court, tribunal or coroner.

             (4)  A person who receives a draft report under section 55, or as a result of a disclosure permitted under subsection (2) of this section, is not entitled to take any disciplinary action against an employee of the person on the basis of information in the report.