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TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 44

Securing accident sites

  (1)   The Chief Commissioner may secure the perimeter of an accident site by whatever means the Chief Commissioner considers appropriate.

  (2)   A person commits an offence if:

  (a)   while the perimeter is secured, a person enters the accident site, or remains on the accident site; and

  (b)   the person does not have the permission of the Chief Commissioner to do so.

Penalty:   10 penalty units.

  (3)   Subsection   (2) does not apply if the person entered the accident site, or remained on the accident site:

  (a)   to ensure the safety of persons, animals or property; or

  (b)   to remove deceased persons or animals from the 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   (3). See subsection   13.3(3) of the Criminal Code .

  (4)   The Chief Commissioner must not unreasonably withhold a permission under paragraph   (2)(b).



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