Singapore legislation
Clause 43
Clause 43
Restricted information
(1)
Subject to subsection (3), a person commits an offence if —
the person is, or has been, a Director, a TSIB staff member or a consultant;
the person —
makes a record of information; or
discloses information to another person or to a court;
the person knew, or is reckless as to whether, when making a record or disclosing information that the information is restricted information; and
the information is restricted information.
(2)
Subject to subsection (3), a person commits an offence if —
the person, being a person other than an individual in subsection (1) —
makes a record of information; or
discloses information to another person or to a court;
the person knew, or is reckless as to whether, when making a record or disclosing information that the information is restricted information; and
the information is restricted information.
(3)
However, subsections (1) and (2) do not apply to any of the following:
anything done by a person in performing functions or exercising powers under, or in connection with, any investigation or section 45;
disclosure to a court in criminal proceedings for an offence under any provision of this Act;
disclosure to a court in civil proceedings where the High Court makes an order under subsection (4).
(4)
If the High Court is satisfied that any adverse domestic or international impact that a disclosure of restricted information might have on any current or future collection and availability of transport safety related information is outweighed by the public interest in the administration of justice, the High Court may order the disclosure of the restricted information.
(5)
In making an order under subsection (4), the High Court may direct that the restricted information, or any information obtained from the restricted information, must not —
be published or communicated to any person; or
be published or communicated except —
in an anonymised form or as statistics which do not identify any person; or
in such manner, and to such persons, as the High Court specifies.
(6)
A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(7)
In this section —
Definition
“OBR information” means —
an OBR or any part of an OBR;
a copy or transcript of the whole or any part of an OBR, including a copy made before the happening of the transport occurrence that caused the recording to become an OBR; or
any information obtained from an OBR or any part of an OBR;
Definition
“on‑board recording” or “OBR” means a recording that satisfies all of the following:
the recording consists of (or consists mainly of) sounds or images, or sounds and images, of persons in the control area of a transport vehicle;
the recording was made in order to comply with a law in force in any country;
any part of the recording was made at the time of the occurrence of an immediately reportable matter that involved the transport vehicle,but excludes a recording that is of a kind declared by regulations not to be an OBR for the purposes of this Act;
Definition
“restricted information”, in relation to a transport occurrence, means any of the following:
all statements (whether oral or in writing) obtained from persons by an investigator, a TSIB staff member or a consultant in the course of an investigation (including any record of such a statement) of the transport occurrence;
all information recorded by an investigator, a TSIB staff member or a consultant in the course of an investigation of the transport occurrence;
all communications with a person involved in the operation of a transport vehicle that is or was the subject of an investigation of the transport occurrence, such as OBR information;
medical or private information regarding persons (including deceased persons) involved in the transport occurrence that is being or has been investigated;
in relation to a transport vehicle that is or was the subject of an investigation of the transport occurrence — information recorded for the purposes of monitoring or directing the progress of the vehicle from one place to another or information recorded in relation to the operation of the vehicle;
records of the analysis of information or evidential material acquired in the course of an investigation of the transport occurrence, including opinions expressed by a person in that analysis;
any other information that is obtained or derived from investigations of the transport occurrence and prescribed in relation to that transport occurrence.