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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 23 August 2017 at 06:29)
Part 7 Division 2 Section 134
134   Authority to take proceedings
(1)  Subject to this section, any legal proceedings for an offence against, or to recover any charge, fee or money due under, this Act or the regulations may be taken only by the ITSRR or by a person authorised by the ITSRR for the purpose, either generally or in any particular case.
(2)  Proceedings for an offence against this Act are not to be instituted in the Industrial Court of New South Wales without the written consent of the ITSRR or of an officer of the ITSRR authorised by the ITSRR for the purposes of this section.
(3)  Proceedings against the Crown or a statutory body representing the Crown for an offence against this Act or the regulations are not to be instituted without the written consent of the Minister.
(4)  In any proceedings referred to in this section, the production of an authority or consent purporting to be signed by the ITSRR or the Minister is to be evidence of the authority or consent without proof of the signature of the ITSRR or the Minister.
(5)  The ITSRR may, for the purposes of subsection (1), authorise any person who is a member of a specified class of persons to take the actions referred to in that subsection.