Page:Transport Safety Investigations Act 2018.pdf/42

This page has been proofread, but needs to be validated.
42
NO. 36 OF 2018


means of any form of physical barrier as appears to the investigator responsible for carrying out the arrangements for applying the cordon to be appropriate.

(4) An investigator is authorised to exercise any power under subsection (1) whether or not the occupier of the accident site or person in possession of the transport vehicle (or its wreckage) consents to the exercise of those powers.

Exception for rescue efforts, etc.

32. Nothing in this Act prevents or prohibits any person engaging in conduct that is necessary—

(a) to ensure the safety of persons, animals or property;
(b) to remove deceased persons or animals, or human or animal remains, from an accident site;
(c) to move a transport vehicle, or the wreckage of a transport vehicle, to a safe place;
(d) to protect the environment from significant damage or pollution; or
(e) to prevent any danger or obstruction to the public or other transport vehicles in the vicinity.

PART 5
OFFENCES

Division 1—Offences

Adversely affecting investigations, etc.

33.—(1) A person commits an offence where—

(a) the person engages in conduct;
(b) the person knows that the conduct, or is reckless as to whether the conduct, will adversely affect an investigation or a preliminary assessment that is being conducted at that time or that could be conducted at a later time;