49LSecuring a site or restricting access to rolling stock, bus or vessel

49L Securing a site or restricting access to rolling stock, bus or vessel

(1) For the purpose of protecting evidence that might be relevant for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter, the Chief Investigator or a police officer may—

(a) secure the perimeter of any site at any place; or

(b) restrict access to rolling stock, a bus or vessel.

(2) The Chief Investigator or a police officer may secure the perimeter of a site or restrict access to rolling stock, a bus or vessel under subsection (1) by whatever means the Chief Investigator or the police officer considers appropriate.

(3) A person must not, without the permission of the Chief Investigator or a police officer—

(a) enter or remain at a site the perimeter of which is secured under this section; or

(b) enter or board or remain on rolling stock, a bus or vessel access to which has been restricted under this section.

(4) Subsection (3) does not apply if the person—

(a) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to ensure the safety of persons; or

(b) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to remove deceased persons or animals from the site or bus or vessel; or

(c) enters or remains at the site to move a road vehicle, or the wreckage of a road vehicle, to a safe place; or

(d) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to protect the environment from significant damage or pollution.

(5) The Chief Investigator or a police officer must not unreasonably withhold a permission referred to in subsection (3).

S. 49M inserted by No. 25/2025 s. 70.