Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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).
(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).