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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 23 August 2017 at 23:49)
Part 5 Division 6
Division 6 Directions
103   Rail safety officers may direct certain persons to give assistance
(1)  A rail safety officer may direct a rail transport operator, a person carrying out railway operations or a rail safety worker to give the rail safety officer reasonable assistance to enable the officer to exercise a function under this Part.
(2)  When giving a direction to a person under subsection (1), the rail safety officer must warn the person that it is an offence to fail to comply with the direction unless the person has a reasonable excuse.
(3)  A person given a direction under subsection (1) must comply with the direction unless the person has a reasonable excuse.
Maximum penalty: 100 penalty units.
(4)  In this section:
reasonable assistance includes any of the following kinds of assistance:
(a)  assistance to enable the rail safety officer to find and gain access to electronically stored material and information,
(b)  unloading rolling stock,
(c)  running the engine of a locomotive,
(d)  driving a train,
(e)  giving the rail safety officer assistance to enter any rail infrastructure or any part of rail infrastructure or open rolling stock or any part of rolling stock.
104   Power to direct name and address be given
(1)  A rail safety officer may direct a person to state the person’s name and residential or business address if the officer:
(a)  finds the person committing an offence against a rail safety law, or
(b)  finds the person in circumstances that lead, or has information that leads, the officer reasonably to suspect the person has committed an offence against a rail safety law, or
(c)  finds the person at railway premises and:
(i)  reasonably believes the person is carrying out railway operations or rail safety work, and
(ii)  reasonably considers that it is necessary for the purposes of this Act or the regulations to know the person’s name and residential or business address.
(2)  When giving a direction under subsection (1), the officer must warn the person it is an offence to fail to state the person’s name or address unless the person has a reasonable excuse.
(3)  The officer may also request the person to provide evidence of the correctness of the stated name or required address if the officer reasonably suspects the stated name or address is false.
105   Failure to give name or address
A person given a direction under section 104 (1) must comply with the direction unless the person has a reasonable excuse.
Maximum penalty: 15 penalty units.
106   Power to obtain information, documents and evidence
(1)  A rail safety officer may, by notice in writing served on a person, require the person to do any one or more of the following things if the officer has reasonable grounds to believe that the person is capable of giving information, producing documents or giving evidence in relation to a possible contravention of a rail safety law or for the purposes of an audit, investigation, rail safety inquiry or other inquiry under this Act:
(a)  to give a rail safety officer, in writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, any such information of which the person has knowledge,
(b)  to produce to a rail safety officer in accordance with the notice any such documents,
(c)  to appear before a rail safety officer at a time and place specified in the notice and give, either orally or in writing, any such evidence and produce any such documents.
(2)  A notice under this section must contain a warning that a failure to comply with the notice is an offence.
(3)  A rail safety officer may inspect a document produced in response to a notice under this section and may make copies of, or take extracts from, the document.
(4)  A rail safety officer may take possession, and retain possession for as long as is necessary for the purposes of this Act, of a document produced in response to a notice under this section if the person otherwise entitled to possession of the document is supplied, as soon as practicable, with a copy certified by a rail safety officer to be a true copy.
(5)  A certified copy provided under subsection (4) is receivable in all courts as if it were the original.
(6)  Until a certified copy of a document is provided under subsection (4), the rail safety officer who has possession of the document must, at such times and places as the officer thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect the document and make copies of, or take extracts from, the document.
107   Failure to comply with notice
A person given a notice under section 106 must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty: 500 penalty units and, in the case of a continuing offence, a further penalty of 250 penalty units for each day the offence continues.