94Custody of space object or high power rocket

94 Custody of space object or high power rocket

(1) If an accident involving a space object occurs, the space object or the space object wreckage concerned and any thing in the space object or wreckage is taken to be in the Minister’s custody until an Investigator is appointed for the accident. The things are then taken to be in the Investigator’s custody. (1A) If an accident involving a high power rocket occurs in circumstances where: (a) a person dies or suffers serious injury as a result of the operation of the rocket; or (b) the rocket causes damage to other property; the rocket or the rocket wreckage concerned and any thing in the rocket or wreckage is taken to be in the Minister’s custody until an Investigator is appointed for the accident. The things are then taken to be in the Investigator’s custody. (2) When it is no longer necessary to retain a thing for the purposes of the investigation, the Investigator must release custody of the thing to its owner or to a person the owner authorises to receive it. (3) A person commits an offence if: (a) the person removes or otherwise interferes with a thing that is in the custody of the Minister or Investigator under subsection (1) or (1A); and (b) the person removes or otherwise interferes with the thing without: (i) if the thing is in the custody of the Minister—the Minister’s permission; or (ii) if the thing is in the custody of the Investigator—the Investigator’s permission.

Penalty: Imprisonment for 6 months.

(4) Subsection (3) does not prevent any action necessary for all or any of the following: (a) extracting persons (including deceased persons) from the wreckage of a space object or high power rocket; (b) protecting the wreckage from being destroyed by fire or other cause; (c) preventing immediate danger to the safety of persons or property; (d) moving the space object or high power rocket or the wreckage and its contents to a safe place when the object or rocket crashes on water or is wrecked on water.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.