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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 14 December 2017 at 07:56)
Part 5 Division 7
Division 7 Miscellaneous
108   Directions may be given under more than one provision
(1)  A rail safety officer may, on the same occasion, give directions under one or more provisions of this Part.
(2)  Without limiting subsection (1), a rail safety officer may, in the course of exercising powers under a provision of this Part, take any of the following actions:
(a)  give further directions under the provision,
(b)  give directions under one or more other provisions of this Part.
109   Temporary closure of railway crossings
(1)  An authorised person may close temporarily, or regulate, a railway crossing for crossing or passing over or under a railway if satisfied it is necessary because of an immediate threat to safety.
(2)  If an authorised person decides to close temporarily, or regulate, a railway crossing, the authorised person must, before its closure or regulation or, in the case of an immediate threat to safety, as soon as practicable after its closure or regulation:
(a)  cause a notice of the proposed closure or regulation to be published in a local newspaper circulating in the area in which the railway crossing is situated, and
(b)  notify Roads and Maritime Services and the council of the area concerned of the proposed closure or regulation.
(3)  In this section:
authorised person means a person who holds a specific authority from the ITSRR for the purposes of this section.
railway crossing means a level crossing, bridge or another structure used to cross over or under a railway.
110   Restoring rail infrastructure and rolling stock etc to original condition after action taken
(1)  If:
(a)  a rail safety officer, or a person assisting the officer, takes any action in the exercise or purported exercise of any power under this Part in relation to rail infrastructure or rolling stock, railway premises or a motor vehicle, and
(b)  damage is caused by the unreasonable exercise of the power or by the use of force that was not authorised under this Part,
the rail safety officer must take reasonable steps to return the rail infrastructure or rolling stock, railway premises or motor vehicle to the condition it or they were in immediately before the action was taken.
(2)  The ITSRR must pay compensation for any damage caused by any rail safety officer in the exercise of a power to enter railway premises under this Part, other than damage arising from work done for the purpose of an inspection that reveals that there has been a contravention of this or any other Act or law.
111   Use of force
A power conferred by this Part to enter any railway premises, or to do anything in or on any railway premises, may not be exercised unless the rail safety officer or a person assisting an officer proposing to exercise the power uses no more force than is reasonably necessary to effect the entry or to do the thing for which the entry is effected.