(1)

A person is guilty of 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 Executive Director.

Maximum penalty: Imprisonment for 6 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 Executive Director entering premises under section 34; or

(b)

the refusal to give any assistance to the Executive Director (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 Executive Director must not unreasonably withhold an authorisation under paragraph (1)(d).

(5)

In this section: