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Transport Safety Investigation Act 2003
44Securing accident sites
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#### 44 Securing accident sites
(1) The Chief Commissioner may secure the perimeter of an accident site by whatever means the Chief Commissioner considers appropriate.
(2) A person commits 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 Chief Commissioner to do so.
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 Chief Commissioner must not unreasonably withhold a permission under paragraph (2)(b).