Crimes Act 1900

A police officer may establish a crime scene at private premises if—

the police officer reasonably suspects that an offence punishable by a term of imprisonment has been or is being committed at the premises or somewhere else within or outside the ACT; and

the police officer considers that it is reasonably necessary to immediately establish a crime scene at the premises to protect or preserve evidence relating to the offence; and

consent has been given by—

if the premises are occupied—the occupier of the premises; or

if the premises are not occupied—the owner of the premises.

However, a police officer may establish a crime scene at private premises without consent if—

the police officer reasonably suspects that the offence is a serious offence; and

the police officer—

has made reasonable attempts to obtain the consent of—

if the premises are occupied—the occupier of the premises; or

if the premises are not occupied—the owner of the premises; or

considers that it is reasonably necessary in the circumstances to establish a crime scene without consent.

In seeking the consent of the owner or occupier of the premises, the police officer must tell the owner or occupier—

if reasonably appropriate in the circumstances—the offence to which the crime scene relates; and

the expected duration of the crime scene.

If the police officer establishes the crime scene at the premises without consent, the officer must take reasonable steps to tell the owner or occupier—

that a crime scene has been established at the premises; and

if reasonably appropriate in the circumstances—the offence to which the crime scene relates; and

the expected duration of the crime scene.

For subsections (3) (a) and (4) (b), it is enough that the offence be described in general terms and it is not necessary to describe the offence precisely or using technical language.