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s 33

Powers of entry, inspection and possession

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Part 4Investigation of deaths
Division 2Powers of investigation

33 Powers of entry, inspection and possession

(1)

A coroner who has jurisdiction to investigate a death may, with any help thought fit —

(a)

enter and inspect any place and anything in it; and

(b)

take a copy of any document relevant to the investigation; and

(c)

take possession of anything which the coroner reasonably believes is relevant to the investigation and keep it until the investigation is finished.

(2)

A coroner may only exercise those powers if the coroner reasonably believes it is necessary for the investigation.

(2a)

If a death has occurred that, in the opinion of a coroner’s investigator, is or may be a reportable death, the coroner’s investigator may, with any help thought fit and without the consent of any occupier of a place, or any authority other than this subsection —

(a)

enter the place where the body is or where, in the opinion of the coroner’s investigator, the death, or the event which caused or contributed to the death, occurred; and

(b)

inspect the place where the body is or where, in the opinion of the coroner’s investigator, the death, or the event which caused or contributed to the death, occurred; and

(c)

take possession of anything which the coroner’s investigator reasonably believes is directly relevant to an investigation of the death.

(2b)

Anything taken by a coroner’s investigator under subsection (2a) is to be kept and dealt with in accordance with the regulations, until the investigation of the death is finished, or it is decided that there is no jurisdiction under this Act to investigate the death.

(2c)

A coroner’s investigator (other than a member of the Police Force of the State who is in uniform) exercising, or about to exercise, a power under subsection (2a) must, at the reasonable request of a person apparently in charge of the place or any other person at the place, produce for inspection by that person —

(a)

in the case of a member of the Police Force, written evidence of the fact that he or she is a member of the Police Force; or

(b)

in any other case, his or her identity card.

(3)

A coroner may, if the coroner reasonably believes it is necessary for the investigation, in writing authorise a coroner’s investigator at or between specified times during a specified period (not exceeding one month after the authority is given) —

(a)

to enter a specified place; and

(b)

to inspect a specified place and anything in it; and

(c)

to take a copy of specified documents or classes of documents; and

(d)

to take possession of specified things or classes of things.

(4)

A coroner’s investigator must not exercise a power under an authority unless the investigator has given a copy of the authority to the owner or occupier of the place or the person in possession of the document or thing inspected, copied or taken.

(5)

A coroner may release anything kept under subsection (1)(c) or (3)(d) and may require a person to whom the thing is released to give an undertaking to comply with any reasonable conditions of release.

(6)

A person must comply with an undertaking concerning release.

Penalty for an offence against this subsection: $2 000.

(7)

A person must not delay, obstruct or otherwise hinder a coroner or a coroner’s investigator exercising a power under this section.

Penalty: $2 000.

(8)

A coroner or a coroner’s investigator exercising a power under this section is to conform as far as is practicable to such reasonable requirements of the owner or occupier of the place where the power is being exercised as are necessary to prevent the lawful use of the place being obstructed.

[Section 33 amended: No. 15 of 2003 s. 11.]

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