17Directions for the protection of evidence

17 Directions for the protection of evidence

(1) For the purpose of protecting evidence that might be relevant for compliance and investigative purposes, a transport safety officer may direct the person in control of a specified thing or class of specified things that the specified thing, or class of specified things, must not be removed or interfered with except with the permission of the transport safety officer.

(2) A person must not fail or refuse to comply with a direction under subsection (1).

(3) Subsection (2) does not apply if the conduct concerned was necessary—

(a) to ensure the safety of persons, animals or property; or

(b) for the movement of deceased persons or animals; or

S. 17(3)(c) amended by No. 41/2019 s. 31.

(c) to move a bus, or the wreckage of a bus, to a safe place; or

(d) to protect the environment from significant damage or pollution.

(4) A transport safety officer must not unreasonably withhold his or her permission under subsection (1).

in control, in relation to a thing or a specified class of things, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing or specified class of things.