INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 63 Final reports containing OBR information, CVR information, and restricted information given to the Inspector by the ATSB

INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 63

  (1)   The Minister must not give a copy of a part of a final report that contains OBR information or CVR information to a person or government agency unless:

  (a)   the information is already publicly available; or

  (b)   both:

  (i)   the other person is a Commonwealth Minister or a Minister of a State or Territory (the responsible Minister ) whose area of responsibility is affected by recommendations made in the report; and

  (ii)   the responsible Minister would not be able to implement those recommendations without being given the report.

  (2)   The Minister must not give a copy of a part of a final report that contains restricted information given to the Inspector by the ATSB to a person or government agency unless:

  (a)   the information is already publicly available; or

  (b)   both:

  (i)   the other person is a Commonwealth Minister or a Minister of a State or Territory (the responsible Minister ) whose area of responsibility is affected by recommendations made in the report; and

  (ii)   the responsible Minister would not be able to implement those recommendations without being given that part of the report.

  (3)   Except for the purposes of implementing the recommendations, the responsible Minister must not disclose to any other person:

  (a)   in a case where a final report is given to the Minister under subsection   ( 1)--the final report; or

  (b)   in a case where a part of the final report is given to the Minister under subsection   ( 2)--that part of the final report.

  (4)   A person commits an offence if:

  (a)   the person receives, either under subsection   ( 1) or as a result of a disclosure permitted under subsection   ( 6), a final report that contains OBR information or CVR information; and

  (b)   the person does any of the following:

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

  (ii)   uses the final report;

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

Penalty:   Imprisonment for 2 years.

  (5)   A person commits an offence if:

  (a)   the person receives, either under subsection   ( 2) or as a result of a disclosure permitted under subsection   ( 6), a part of a final report that contains restricted information given to the Inspector by the ATSB ; and

  (b)   the person does any of the following:

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

  (ii)   uses that part of the final report;

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

Penalty:   Imprisonment for 2 years.

  (6)   Subsections   ( 4) and (5) do not apply to any conduct that is necessary for the purpose of implementing a recommendation made in a final report.

Note:   A defendant bears an evidential burden in relation to a matter in subsection   ( 6): see subsection   13.3(3) of the Criminal Code .