Singapore legislation
Regulation 16
of Transport Safety Investigations (Marine Occurrences) Regulations 2023
Regulation 16
Participation by Substantially Interested States
Subregulation 1
Where —
a marine casualty or marine incident is required or allowed to be investigated under the Act by the TSIB; and (b)there is a mutual agreement between the Director and the appropriate foreign authority of a Substantially Interested State in relation to the marine casualty or marine incident, with respect to the participation of the appropriate foreign authority in the investigation under the Act,the appropriate foreign authority (and any representative appointed by the appropriate foreign authority) must be allowed to participate in the investigation under the Act by the TSIB at any stage of that investigation, subject to the limits in these Regulations.
Subregulation 2
In particular, an appropriate foreign authority of a Substantially Interested State mentioned in paragraph (1)(b) and any representative of the appropriate foreign authority may do all or any of the following in relation to an investigation under the Act by the TSIB into a marine casualty or marine incident:
obtain witness information and suggest areas to the investigator‑in‑charge for questioning witnesses;
have access to relevant evidence and information derived from the investigation, to the extent practicable;
receive or make copies of all pertinent documents collected in the course of the investigation;
participate in investigation progress meetings, including deliberations related to analysis, findings, causes, contributing factors and safety recommendations; (e)make representations in respect of various aspects of the investigation.
Subregulation 3
The Director must take into consideration for the purposes of the investigation under the Act any representations made under paragraph (2).
Subregulation 4
However, paragraph (2)(b) and (c) applies only if the Director is satisfied that the appropriate foreign authority of the Substantially Interested State concerned ensures, or will ensure, that any restricted information (within the meaning of section 43(7) of the Act) falling within paragraph (2)(b) and (c) is not made available for purposes other than a marine safety investigation, or section 43(4) of the Act applies.
Subregulation 5
A representative of an appropriate foreign authority mentioned in paragraph (1)(b) —
must provide the investigator‑in‑charge with all information about the marine casualty or marine incident as is available to that representative that is relevant to the investigation under the Act of the marine casualty or marine incident; and (b)must not knowingly communicate or use, or knowingly permit to be communicated or used, any information that that representative has obtained during the investigation under the Act of the marine casualty or marine incident (including the progress of investigations) without the express consent in writing of the investigator‑in‑charge.