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Draft report and observations
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33. (1) Before publishing a report of a marine safety investigation, the MAIU shall send a draft of it or parts of it to any person who, in its opinion, is likely to be adversely affected by the publication or, if that person be deceased, such person as appears to the MAIU to best represent that person’s interest.
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(2) Subject to subsection (3), a person in receipt of a draft report under subsection (1) may, within a period of 28 days commencing on the date on which the draft is sent to the person, or such further period, not exceeding 28 days, as the MAIU in its absolute discretion sees fit, submit to the MAIU his or her observations in writing on the draft.
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(3) A person in receipt of a draft report under subsection (1) may apply to the MAIU for an extension of the period referred to in subsection (2), not exceeding 3 days, in which to send his or her observations.
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(4) Observations submitted in accordance with this section shall be included in an appendix to the report, unless the person concerned, when submitting them, requests in writing that the observations not be published.
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(5) The MAIU shall take any observations submitted in accordance with this section into account before publishing its report and may incorporate the observations into its findings or recommendations in the report or make such comments on them in the report as it sees fit.
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(6) A person in receipt of a draft report under subsection (1) shall not publish or publicise, or cause to have published or publicised, the draft report or its contents, except with the prior consent in writing of the MAIU.
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(7) A person who contravenes subsection (6) commits an offence and is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months, or to both.
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