RAIL SAFETY NATIONAL LAW (NSW) - SECT 159
Directions relating to seizure
RAIL SAFETY NATIONAL LAW (NSW) - SECT 159
Directions relating to seizure
159 Directions relating to seizure
(1) To enable a thing to be seized under this Part, a rail safety officer may
direct the person in control of it--
(a) to take it to a specified place
within a specified time; and
(b) if necessary, to remain in control of it at
the specified place for a period specified in the direction.
(2) A direction
under subsection (1)--
(a) must be given by signed written notice given to the
person; or
(b) if for any reason it is not practicable to give a signed
written notice to the person--may be given orally and confirmed by signed
written notice given to the person as soon as is practicable.
(3) A further
direction may be made under this section about the thing if it is necessary
and reasonable to make the further direction.
Example : A further direction
may (for example) be that the thing be transported during stated off-peak
hours, be transported along a particular route, or be transported in a
particular way.
(4) A person given a direction under subsection (1) or (3)
must comply with that direction unless the person has a reasonable excuse.
:
Maximum penalty--$5 000.
(5) Subsection (4) places an evidential burden on
the accused to show a reasonable excuse.
(6) Without limiting what may
otherwise be a reasonable excuse under subsection (4), it is a reasonable
excuse for a person in control of a thing not to comply with a direction under
subsection (1) or (3) if, in all the circumstances, the direction was
unreasonable.
(7) In this section--
"in control" , in relation to a thing, means having, or reasonably appearing
to a rail safety officer as having, authority to exercise control over the
thing.