Document ID: chunk:federal_register_of_legislation:C2009A00020:clause:2_25a
Version: federal_register_of_legislation:C2009A00020
Segment Type: clause
Provision Reference: sch 2 cl 25A
Character Range: 49715–51821

25A  Responses to reports of, or containing, safety recommendations

 (1) This section applies if:
 (a) the ATSB publishes a report under section 25 in relation to an investigation; and
 (b) the report is, or contains, a recommendation that a person, unincorporated association, or an agency of the Commonwealth or of a State or Territory, take safety action.

 (2) The person, association or agency to whom the recommendation is made must give a written response to the ATSB, within 90 days of the report being published, that sets out:
 (a) whether the person, association or agency accepts the recommendation (in whole or in part); and
 (b) if the person, association or agency accepts the recommendation (in whole or in part)—details of any action that the person, association or agency proposes to take to give effect to the recommendation; and
 (c) if the person, association or agency does not accept the recommendation (in whole or in part)—the reasons why the person, association or agency does not accept the recommendation (in whole or in part).

 (3) A person commits an offence if:
 (a) the person is someone to whom a recommendation is made in a report published under section 25; and
 (b) the person fails to give a written response to the ATSB within 90 days setting out the things required by paragraphs (2)(a), (b) and (c) (as applicable).

Penalty: 30 penalty units.

 (4) Subsection (3) applies to an unincorporated association as if it were a person.

 (5) An offence against subsection (3) that would otherwise be committed by an unincorporated association is taken to have been committed by each member of the association's committee of management, at the time the offence is committed, who:
 (a) made the relevant omission; or
 (b) aided, abetted, counselled or procured the relevant omission; or
 (c) was in any way knowingly concerned in, or party to, the relevant omission (whether directly or indirectly or whether by any act or omission of the member).

[Minister's second reading speech made in—
House of Representatives on 12 February 2009
Senate on 11 March 2009]
(14/09)