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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 20 August 2017 at 19:52)
Part 5 Division 2
Division 2 General enforcement powers of rail safety officers
88   General powers after entering a place
A rail safety officer who enters a place under this Part (including under a search warrant issued under this Part) may do any of the following:
(a)  search and inspect any part of the place and any rail infrastructure, rolling stock or motor vehicle or any other thing at the place,
(b)  enter or open, using reasonable force, rail infrastructure, rolling stock, a motor vehicle or other thing at the place to examine the infrastructure, rolling stock, motor vehicle or other thing,
(c)  take measurements, make surveys and take levels, dig trenches, break up the soil and set up any posts, stakes or markers,
(d)  test any part of rail infrastructure or rolling stock,
(e)  inspect, film, photograph, videotape or otherwise record an image,
(f)  take, or authorise another person to take, for analysis a thing, or a sample of or from a thing, at the place,
(g)  seize anything that the rail safety officer suspects on reasonable grounds is connected with an offence against a rail safety law or to secure any such thing against interference,
(h)  seize anything if the rail safety officer suspects it is necessary to do so to prevent its use in the commission of an offence against a rail safety law,
(i)  require any person at the place to answer questions or otherwise give information in relation to the matter the subject of the inspection, investigation or inquiry,
(j)  mark, tag or otherwise identify rolling stock, a motor vehicle or other thing at the place,
(k)  take all necessary steps to allow a power under paragraphs (a) to (j) to be exercised.
89   Powers of rail safety officers in relation to relevant documents
(1)  A rail safety officer has the following powers in relation to relevant documents found by a rail safety officer in or on a place entered by the officer or produced to the officer pursuant to a requirement made under this Part:
(a)  power to take possession of the documents or secure them against interference,
(b)  power to make copies of, or take extracts from, the documents,
(c)  power to retain possession of the documents for such period as is necessary to enable the documents to be inspected, and copies of, or extracts from, the documents to be made or taken,
(d)  power to require any person who was party to the creation of the documents to make a statement providing any explanation that the person is able to provide as to any matter relating to the creation of the documents or as to any matter to which the documents relate.
(2)  While a rail safety officer retains possession of a document, the officer must permit a person who would be entitled to inspect the document were it not in the possession of the officer to inspect the document at any reasonable time and make a copy of, or take extracts from, the document.
(3)  If a rail safety officer takes possession of or secures against interference any relevant document on which a person has a lien, the officer’s actions do not prejudice the lien.
(4)  This section does not limit section 88.
90   Use of assistants and equipment
(1)  A rail safety officer may exercise powers under this Part with the aid of such assistants and equipment as the officer considers reasonably necessary in the circumstances.
(2)  Powers that may be exercised by a rail safety officer under this Part may be exercised by an assistant authorised and supervised by the officer, but only if the officer considers that it is reasonably necessary in the circumstances that the powers be exercised by an assistant.
91   Use of electronic equipment
(1)  Without limiting section 88, if:
(a)  a thing found in or on rolling stock or a motor vehicle, or at a place, is, or includes, a disk, tape or other device for the storage of information, and
(b)  the equipment in or on the rolling stock or motor vehicle, or at the place, may be used with the disk, tape or other device,
the rail safety officer, or a person assisting the officer, may operate the equipment to access the information.
(2)  A rail safety officer, or a person assisting an officer, must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.
92   Use of equipment to examine or process things
(1)  Without limiting section 88, a rail safety officer exercising a power under this Part may bring to, onto, or into, rolling stock, a motor vehicle or a place any equipment reasonably necessary for the examination or processing of things found at, on or in the rolling stock, motor vehicle or place in order to determine whether they are things that may be seized.
(2)  The rail safety officer, or a person assisting the officer, may operate equipment already in or on the rolling stock or motor vehicle, or at the place, to carry out the examination or processing of a thing found in or on the rolling stock or motor vehicle, or at the place, in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that:
(a)  the equipment is suitable for the examination or the processing, and
(b)  the examination or processing can be carried out without damage to the equipment.
93   Securing a site
(1)  For the purpose of protecting evidence that might be relevant for compliance and investigative purposes or ensuring safety, a rail safety officer may secure the perimeter of any site at a place entered under this Part by whatever means the rail safety officer considers appropriate.
(2)  A person must not, without the permission of a rail safety officer, enter or remain at, a site the perimeter of which is secured under this section.
Maximum penalty: 1,000 penalty units.
(3)  Subsection (2) does not apply if the person enters the site, or remains at the site:
(a)  to ensure the safety of persons, or
(b)  to remove deceased persons or animals from the site, or
(c)  to move a motor vehicle, or the wreckage of a motor vehicle, to a safe place, or
(d)  to protect the environment from significant damage or pollution.
(4)  A rail safety officer must not unreasonably withhold a permission referred to in subsection (2).