Document ID: chunk:federal_register_of_legislation:C2024C00120:section:43
Version: federal_register_of_legislation:C2024C00120
Segment Type: section
Provision Reference: s 43
Character Range: 75665–76779

43  Protection orders by Chief Commissioner
 (1) For the purpose of protecting evidence that might be relevant to an investigation, the Chief Commissioner may direct that specified things, or things in a specified class of things, must not be removed or interfered with except with the permission of the Chief Commissioner.
 (2) The Chief Commissioner may revoke or vary such a direction.
 (3) A person must not contravene such a direction.
Penalty: Imprisonment for 12 months.
 (4) Subsection (3) does not apply if the conduct concerned 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 (4). See subsection 13.3(3) of the Criminal Code.
 (5) The Chief Commissioner must not unreasonably withhold a permission under subsection (1).

Division 6—Securing accident sites