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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 19 November 2017 at 08:37)
Part 5 Division 4 Section 95
95   Directions relating to seizure
(1)  To enable a thing to be seized under this Part, a rail safety officer may direct the person in control of it:
(a)  to take it to a specified place within a specified time, and
(b)  if necessary, to remain in control of it at the specified place for a period specified in the direction.
(2)  A direction under subsection (1):
(a)  must be given by signed notice in writing given to the person, or
(b)  if for any reason it is not practicable to give a signed notice in writing to the person, may be given orally and confirmed by signed notice in writing given to the person as soon as is practicable.
(3)  A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.
(4)  If a rail safety officer has directed a person to take a thing to a specified place within a specified time under subsection (1), a rail safety officer may direct the person to return the thing to the place from which it was taken.
(5)  A person given a direction under this section must comply with that direction unless the person has a reasonable excuse.
Maximum penalty: 100 penalty units.
(6)  Without limiting what may otherwise be a reasonable excuse, it is a reasonable excuse for a person in control of a thing not to comply with a direction under this section if, in all the circumstances, the direction was unreasonable.
(7)  In this section:
in control of a thing means having, or reasonably appearing to a rail safety officer as having, authority to exercise control over the thing.