Page:Transport Safety Investigations Act 2018.pdf/52

52 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;