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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 17 July 2018 at 17:58)
Part 6 Division 2 Section 119
119   Oral direction before prohibition notice served
(1)  If a rail safety officer:
(a)  believes on reasonable grounds that an activity referred to in section 117 (1) is occurring or may occur, and
(b)  that it is not possible or reasonable to serve a prohibition notice under that section immediately,
the officer may direct a person who has or appears to have control over the activity to do or not to do a stated act by telling the person:
(c)  to do or not to do the stated act, and
(d)  the reason the direction is being given.
(2)  A person to whom a direction is given under subsection (1) must comply with it, unless the person has a reasonable excuse.
Maximum penalty: 750 penalty units.
(3)  It is a reasonable excuse if the rail safety officer did not tell the person that the person commits an offence if the person does not comply with the direction.
(4)  A direction given under this section ceases to have effect if a rail safety officer does not, within 5 days of giving the direction, serve a prohibition notice in respect of the activity.