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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.