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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 20 November 2017 at 22:37)
Part 7 Division 2 Section 132
132   Proceedings for offences
(1)  Proceedings for an offence under this Act or the regulations may be dealt with summarily:
(a)  before the Local Court, or
(b)  before the Industrial Court of New South Wales.
(2)  The maximum penalty that may be imposed by the Local Court in proceedings for an offence against this Act or the regulations (including any daily penalty) is 500 penalty units or imprisonment for 12 months, or both.
(3)  The provisions of the Industrial Relations Act 1996, and of the regulations under that Act, relating to appeals from the Local Court to the Industrial Relations Commission in Court Session in connection with offences against that Act apply to proceedings before the Local Court for offences against this Act or the regulations.
(4)  In any proceedings for an offence under this Act, the onus of proving that a person had a reasonable excuse is on the defendant.