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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 18 November 2019 at 17:46)
Part 5 Division 7 Section 110
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.