New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 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.