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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 25 February 2020 at 12:03)
Part 5 Division 1
Division 1 Powers of entry
85   Power to enter places
(1)  A rail safety officer may, for compliance and investigative purposes or in an emergency, enter a place if:
(a)  the place is a public place and the entry is made when the place is open to the public, or
(b)  the occupier of the place consents to the entry, or
(c)  the entry to the place is authorised by a warrant under section 94, or
(d)  the place is railway premises and the entry is made:
(i)  at a reasonable hour in the daytime, or
(ii)  at any hour during which a railway operation or other related activity is in progress or is usually carried out in or on the railway premises, or
(iii)  when the place is otherwise open for entry, or
(e)  the place is railway premises and the entry is urgently required to investigate the circumstances of a notifiable occurrence at any time during which railway operations are being carried out or are usually carried out, or
(f)  the place is railway premises, or adjoins railway premises, and the entry is urgently required for the purpose of dealing with a railway accident or incident.
(2)  A rail safety officer who enters railway premises under subsection (1) (d), (e) or (f) must not unnecessarily impede any activities being conducted at the premises.
(3)  In this Part:
compliance and investigative purposes includes the following purposes:
(a)  purposes related to ascertaining whether a rail safety law has been or is being complied with, including whether an offence has been committed against a rail safety law,
(b)  purposes related to ascertaining whether the terms of, or a condition or restriction of, an accreditation has been or is being complied with,
(c)  purposes related to an audit, inspection, investigation, rail safety inquiry or other inquiry under this Act.
86   Limitation on entry powers—places used for residential purposes
Despite anything to the contrary in this Part, the powers of a rail safety officer under this Part in relation to entering a place are not exercisable in respect of any place (or part of a place) that is used only for residential purposes except:
(a)  with the consent of the occupier of the place, or
(b)  under the authority conferred by a search warrant.
87   Notice of entry
Before a rail safety officer enters railway premises (not being a public place) under section 85, the rail safety officer must give the occupier of the railway premises reasonable notice of the intention to enter unless:
(a)  the giving of the notice would be reasonably likely to defeat the purpose for which it is intended to enter the premises, or
(b)  entry to the premises is made with the consent of the occupier of the premises, or
(c)  entry is required in circumstances where the rail safety officer reasonably believes there is an immediate risk to safety because of the carrying out of railway operations at the premises, or
(d)  entry is authorised by a search warrant.