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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 30 January 2020 at 07:53)
Part 7 Division 1
Division 1 Offences
126   Obstructing or hindering rail safety officers
A person must not:
(a)  intentionally obstruct or hinder the ITSRR, a rail safety officer or a person assisting the ITSRR or a rail safety officer in the exercise of his or her functions under this Act or the regulations, or induce or attempt to induce any other person to do so, or
(b)  intentionally conceal from the ITSRR, a rail safety officer or a person assisting the ITSRR or a rail safety officer, the location or existence of, or fail to comply with a request to produce, a record, document or any other thing.
Maximum penalty: 1,000 penalty units.
127   Offence to impersonate rail safety officer
A person who is not a rail safety officer must not impersonate, or falsely represent that the person is, a rail safety officer.
Maximum penalty: 100 penalty units.
128   Offences involving accreditation
A person who:
(a)  by any false statement or misrepresentation, obtains or attempts to obtain any accreditation under this Act, or
(b)  forges or fraudulently alters or uses or purports to use any accreditation, or
(c)  fraudulently allows any such accreditation to be used by any other person,
is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—5,000 penalty units, or
(b)  in the case of an individual—500 penalty units.
129   Notice to be given of certain matters
A person prescribed by the regulations for the purposes of this section must give notice to a rail transport operator, in the approved form and within the period prescribed by the regulations, of the commencement, or discontinuation, or completion of prescribed operations or activities that may adversely affect the safety of any rail infrastructure or rolling stock of a rail transport operator.
Maximum penalty: 100 penalty units.
130   Tampering with railway equipment
(1)  A person who tampers with or disables:
(a)  the emergency or safety equipment of a railway or of a unit or units of rolling stock, or
(b)  the interlocking system of a railway,
is guilty of an offence.
Maximum penalty: 1,000 penalty units or 3 years imprisonment, or both.
(2)  In this section:
emergency or safety equipment includes track and communication systems, closed circuit television cameras, emergency help points for passengers, safety signage, emergency breakdown equipment and alarms.
interlocking system means any lever or collection of levers, or electrical, electronic or mechanical device or devices, that operate or control points and signals, or signals, and that are interlocked to prevent conflicting movements of trains.
131   (Repealed)