(1)

The Executive Director may secure the perimeter of an accident site by whatever means the Executive Director considers appropriate.

(2)

A person is guilty of 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 Executive Director to do so.

Maximum 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 Executive Director must not unreasonably withhold a permission under paragraph (2)(b).