Document ID: chunk:federal_register_of_legislation:F2016C00883:reg:17
Version: federal_register_of_legislation:F2016C00883
Segment Type: reg
Provision Reference: reg 17
Character Range: 16408–17946

17  Named person or organisation to comment on report
 (1) This section applies if the ATSB proposes, in the interests of transport safety, to give information from a report to a transport safety authority or an emergency services organisation.
 (2) Before giving the information to the transport safety authority or an emergency services organisation, the ATSB must:
 (a) give a copy of the report that satisfies the requirements of section 16 to any person or organisation mentioned in the report; and
 (b) invite the person or organisation to comment on the report within 5 business days after receiving the report.
Note: business day is defined in the Acts Interpretation Act 1901.
 (3) However, the ATSB is not required to give a copy of the report to a person or organisation if the ATSB reasonably believes that:
 (a) giving a copy of the report to the person or organisation is likely to:
 (i) reduce reporting under the REPCON scheme; or
 (ii) reduce the ability of the ATSB to achieve a purpose of the REPCON scheme; or
 (b) it is not practicable to comply with subsection (2).
Example for paragraph (b)
Waiting 5 business days for a response from the person or organisation would mean an urgent safety issue, or an emergency, could not be addressed.
 (4) The ATSB must take into account any comments made by the person or organisation when deciding whether to give information from a report to a transport safety authority or an emergency services organisation.

Division 5.2—Restrictions on use and disclosure of information