Commonwealth Numbered Acts

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TRANSPORT SAFETY INVESTIGATION ACT 2003 No. 18, 2003 - SECT 43

Protection orders by Executive Director
(1)
For the purpose of protecting evidence that might be relevant to an investigation, the Executive Director 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 Executive Director.

(2)
The Executive Director may revoke or vary such a direction.

(3)
A person must not contravene such a direction.

Maximum 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 Executive Director must not unreasonably withhold a permission under subsection (1).



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