Document ID: chunk:federal_register_of_legislation:C2024C00120:section:44
Version: federal_register_of_legislation:C2024C00120
Segment Type: section
Provision Reference: s 44
Character Range: 76779–77862

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).

Division 7—Miscellaneous