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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 22 September 2017 at 17:55)
Part 7 Division 4 Section 145
145   Exclusion orders
(1)  The court that finds a person guilty of an offence against a rail safety law may, on the application of the prosecutor or the ITSRR, if the court considers the person to be a systematic or persistent offender against the Australian rail safety laws, make an order under this section.
(2)  For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences against Australian rail safety laws, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from:
(a)  carrying out specified railway operations or any railway operations, or
(b)  being a director, secretary or officer concerned in the management of a body corporate involved in managing rail infrastructure that is in this jurisdiction or operating rolling stock in this jurisdiction, or
(c)  being involved in managing rail infrastructure that is in this jurisdiction or operating rolling stock in this jurisdiction except by driving a train or rolling stock.
(3)  The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to:
(a)  the offences against the Australian rail safety laws of which the person has previously been found guilty, and
(b)  the offences against the Australian rail safety laws for which the person has been proceeded against by way of unwithdrawn penalty notices, and
(c)  any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with railway operations.
(4)  A court that has power to make an exclusion order may revoke or amend an exclusion order on the application of:
(a)  the ITSRR, or
(b)  the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.