INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 56 Copying, recording, disclosing and using draft report

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.