New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 89

89 Powers of rail safety officers in relation to relevant documents

(1) A rail safety officer has the following powers in relation to relevant documents found by a rail safety officer in or on a place entered by the officer or produced to the officer pursuant to a requirement made under this Part:

(a) power to take possession of the documents or secure them against interference,

(b) power to make copies of, or take extracts from, the documents,

(c) power to retain possession of the documents for such period as is necessary to enable the documents to be inspected, and copies of, or extracts from, the documents to be made or taken,

(d) power to require any person who was party to the creation of the documents to make a statement providing any explanation that the person is able to provide as to any matter relating to the creation of the documents or as to any matter to which the documents relate.

(2) While a rail safety officer retains possession of a document, the officer must permit a person who would be entitled to inspect the document were it not in the possession of the officer to inspect the document at any reasonable time and make a copy of, or take extracts from, the document.

(3) If a rail safety officer takes possession of or secures against interference any relevant document on which a person has a lien, the officer’s actions do not prejudice the lien.

(4) This section does not limit section 88.