Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person is reckless as to whether the conduct will adversely affect an investigation:
(i) that is being conducted at that time; or
(ii) that could be conducted at a later time into an immediately reportable matter; and
(c) the conduct has the result of adversely affecting such an investigation (whether or not the investigation had commenced at the time of the conduct); and
(d) the conduct is not authorised by the Chief Commissioner.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply if the conduct was necessary:
(a) to ensure the safety of persons, animals or property; or
(b) to remove deceased persons or animals from an accident site; or
(c) to move a transport vehicle, or the wreckage of a transport vehicle, to a safe place; or
(d) to protect the environment from significant damage or pollution.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code .
(3) Subsection (1) does not apply if the conduct was:
(a) the withdrawal of the person's consent to the Chief Commissioner entering premises under section 34; or
(b) the refusal to give any assistance to the Chief Commissioner (in relation to that entry) after the withdrawal of that consent.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code .
(4) The Chief Commissioner must not unreasonably withhold an authorisation under paragraph (1)(d).
(5) In this section:
"conduct" includes omission.