South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 179

179—Offence to fail to report find of or conceal human remains

        (1)         A person who finds human remains, or a thing that the person reasonably suspects may be human remains, must, as soon as is reasonably practicable after the discovery—

            (a)         report that fact to a police officer; and

            (b)         inform the police officer of the location of the remains.

Maximum penalty: Imprisonment for 5 years.

        (2)         However, a person need not make a report under subsection (1)—

            (a)         if the person believes on reasonable grounds that another person has reported the existence and location of the human remains or thing to a police officer, or that SA Police were otherwise aware of the existence and location of the remains or thing; or

            (b)         if the State Coroner or a police officer has been notified of the relevant death in accordance with the Coroners Act 2003 ; or

            (c)         if the person believes on reasonable grounds that the human remains are Aboriginal remains (within the meaning of the Aboriginal Heritage Act 1988 ) and the discovery of the human remains has been reported in accordance with that Act; or

            (d)         in any other circumstances prescribed by the regulations for the purposes of this subsection.

        (3)         A police officer must, on being notified of the finding of human remains under subsection (1), immediately notify the State Coroner of that fact and of any information relating to the matter of which the police officer is aware.

        (4)         A person who, having found human remains, or a thing that the person reasonably suspects may be human remains, conceals the human remains or thing is guilty of an offence.

Maximum penalty: Imprisonment for 5 years.



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