Document ID: chunk:federal_register_of_legislation:C2024C00120:section:24
Version: federal_register_of_legislation:C2024C00120
Segment Type: section
Provision Reference: s 24
Character Range: 50064–51781

24  Offence to hinder etc. an investigation
 (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.

Division 2—Investigation reports