Parliament of Singapore

“ Nothing in this Act prevents or prohibits any person engaging in conduct that is necessary—
(a) to ensure the safety of persons, animals or property; (b) to remove deceased persons or animals, or human or animal remains, from an accident site; (c) to move a transport vehicle, or the wreckage of a transport vehicle, to a safe place; (d) to protect the environment from significant damage or pollution; or (e) to prevent any danger or obstruction to the public or other transport vehicles in the vicinity. ”

“ A person commits an offence if—
(a) the person engages in conduct; (b) the person knows that the conduct, or is reckless as to whether the conduct, will hinder or delay the Director or an investigator in the exercise of his or her powers under this Act; (c) the conduct has the result of hindering or delaying such an investigation or a preliminary assessment, as the case may be; and (d) the conduct is not authorised by section 32, or by the Director or an investigator or any person acting under the authority of the Director or an investigator. ”

“ Every individual who, immediately before the date of commencement of section 23, is appointed—
(a) an Inspector of Accidents under section 13B (1) of the Air Navigation Act; or (b) an inspector under section 108 of the Merchant Shipping Act, continues to hold such office as if he or she were appointed an investigator under this Act.
(4) Every report published by the Air Accident Investigation Bureau of Singapore under section 13B (7) of the Air Navigation Act is to be treated as a report published under section 20. ”

“ The cordoned‐off area on which a cordon is placed under this section must, so far as is reasonably practicable, be indicated by means of any form of physical barrier as appears to the investigator responsible for carrying out the arrangements for applying the cordon to be appropriate.
(4) An investigator is authorised to exercise any power under subsection (1) whether or not the occupier of the accident site or person in possession of the transport vehicle (or its wreckage) consents to the exercise of those powers. ”

“ Where more than one investigator is appointed for an investigation of a particular transport occurrence, the Director must also designate one of the investigators as the investigator‐in‐charge for that investigation. ”

“ No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything—
(a) in the execution or purported execution of this Act; (b) in complying with an order or a direction given under this Act; or (c) when assisting an investigator. General exemption
47. The Minister may, by order in the Gazette, exempt any person or class of persons or any transport vehicle or class of transport vehicles from all or any provisions of this Act, either generally or in a particular case and subject to such conditions as may be specified in the order. ”

“ The Director, a TSIB staff member or a consultant who is an investigator is not compellable to give an expert opinion in any civil or criminal proceedings or other proceedings in relation to a matter related to transport safety. ”

“ To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government.
Application of Act
5.— (1) Except where provided by this section, this Act applies to any transport occurrence, whenever occurring.
(2) This Act applies in respect of aviation occurrences—
(a) in or over Singapore; or (b) in or over any place outside Singapore if— (i) Singapore is requested to investigate, or to participate or assist in the investigation of, the aviation occurrence by an appropriate foreign authority ”

“ A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. ”

“ If a person is prohibited by section 43 from disclosing any restricted information, then—
(a) the person cannot be required by any court to disclose the information; and (b) any information disclosed by the person in contravention of this section is not admissible in any civil proceedings or other proceedings or any criminal proceedings other than proceedings against the person under section 43. ”

“ However, the requirement under subsection (1) that an individual submit to a medical examination does not extend to a requirement that the individual submit to any procedure involving surgery or the injection into the body of any drug, but includes requiring the individual to undergo a breath‐analyser test or a toxicological examination or to provide blood or urine for a laboratory test. ”

“ This section applies if—
(a) the Director— (i) publishes a report under section 20 in relation to an investigation; (ii) receives a report from an appropriate foreign authority about a transport occurrence; or (iii) publishes a report in relation to a transport safety matter; and (b) the report is, or contains, a recommendation that a person, unincorporated association, or a public authority or public officer, in Singapore take safety actions. ”

“ However, service of any document under this Act on a person by email, or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent to service in that way. ”