Disclosure of draft review reports prohibited
59 Disclosure of draft review reports prohibited
An entity is liable to a civil penalty if:
the entity receives a draft review report under section 51; and
the entity makes a record of, discloses or otherwise uses any information in the draft review report.
Civil penalty: 60 penalty units.
Subsection (1) does not apply if the making of the record, disclosure or use is:
for the purpose of preparing a submission to the Board in accordance with section 51; or
if the entity is the entity that originally provided the information under section 48 or 49—of the entity’s own information; or
with the consent of the Chair of the Board; or
after the information has already been lawfully made available to the public (for example, in the publication of the final review report);
for the purposes of carrying out a State’s constitutional functions, powers or duties.
Despite section 96 of the Regulatory Powers Act, in proceedings for a civil penalty order against an entity for a contravention of subsection (1), the entity does not bear an evidential burden in relation to the matters in subsection (2).
This Act does not make the Crown (other than an authority of the Crown) liable to a civil penalty.
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