63AAuthority at crime scene

### 63A Authority at crime scene > [*\[Section 63A Inserted by No. 49 of 2009, s. 14, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS14@EN) > > > (1)  For the purpose of preserving, searching for or gathering evidence at a crime scene, a police officer is authorised to do any or all of the following at or in relation to the crime scene: > > > > > > (a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene; > > > > > > > (b) remove from the crime scene – > > > > > > > > > > (i) a person who fails to leave the crime scene when directed to do so; or > > > > > > > > > > > (ii) a vehicle, vessel or aircraft that a person fails to remove from the crime scene when directed to do so; > > > > > > > (c) direct a person not to enter the crime scene; > > > > > > > (d) prevent a person from entering the crime scene; > > > > > > > (e) prevent a person from removing evidence from, or otherwise interfering with, the crime scene or anything in it and, for that purpose, detain and search the person; > > > > > > > (f) remove, or cause to be removed, an obstruction from the crime scene; > > > > > > > (g) perform any necessary investigation including, for example, searching the crime scene without warrant and inspecting anything in it to obtain evidence of the commission of an offence or crime; > > > > > > > (h) for the purpose of performing any necessary investigation, conduct any examination or process; > > > > > > > (i) open anything at the crime scene whether or not it is locked; > > > > > > > (j) take electricity, gas or any other utility for use at the crime scene; > > > > > > > (k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises; > > > > > > > (l) photograph or otherwise record the crime scene and anything in it; > > > > > > > (m) seize and detain all or part of a thing that might provide evidence of the commission of an offence or crime; > > > > > > > (n) dig up anything at the crime scene; > > > > > > > (o) remove roofing material, wall or ceiling linings or floors of a building, or panel linings of a vehicle; > > > > > > > (p) any other function reasonably necessary or incidental to a function conferred by this subsection. > > > (2)  A person must not fail to comply with a direction given under [subsection (1)](#GS63A@Gs1@EN) . > > > > Penalty:  Fine not exceeding 80 penalty units. > > > (3)  A police officer may arrest, without warrant, a person who fails to comply with a direction given under [subsection (1)](#GS63A@Gs1@EN) . > > > (4)  An authorisation conferred by this section to seize and retain a thing includes – > > > > > > (a) the authority to remove the thing from the crime scene when it is found; and > > > > > > > (b) the authority to guard the thing in or on the crime scene. > > > (5)  A police officer may use such force as is reasonably necessary for the purposes of exercising an authorisation conferred by this section. > > > (6)  Nothing in this Division prevents a police officer who is lawfully on premises from using an authorisation referred to in [subsection (1)](#GS63A@Gs1@EN) or doing any other thing if the occupier of the premises consents.