Page:Transport Safety Investigations Act 2018.pdf/52

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PART 6
LIMITS ON DISCLOSURE OF INFORMATION

Restricted information

43.—(1) Subject to subsection (3), a person commits an offence if—

(a) the person is, or has been, a Director, a TSIB staff member or a consultant;

(b) the person—

(i) makes a record of information; or

(ii) discloses information to another person or to a court;

(c) the person knew, or is reckless as to whether, when making a record or disclosing information that the information is restricted information; and

(d) the information is restricted information.

(2) Subject to subsection (3), a person commits an offence if—

(a) the person, being a person other than an individual in subsection (1)—

(i) makes a record of information; or

(ii) discloses information to another person or to a court;

(b) the person knew, or is reckless as to whether, when making a record or disclosing information that the information is restricted information; and

(c) the information is restricted information.

(3) However, subsections (1) and (2) do not apply to any of the following:

(a) anything done by a person in performing functions or exercising powers under, or in connection with, any investigation or section 45;

(b) disclosure to a court in criminal proceedings for an offence under any provision of this Act;