52
NO. 36 OF 2018
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;