Rail Safety Act 2008 No 97
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.