49MDirections for the protection of evidence

49M Directions for the protection of evidence

(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 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 Chief Investigator.

(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

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

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

(4) The Chief Investigator must not unreasonably withhold the Chief Investigator's permission under subsection (1).

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

Division 4—Search warrants

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