RAIL SAFETY NATIONAL LAW (NSW) - SECT 168
Power to require name and address
RAIL SAFETY NATIONAL LAW (NSW) - SECT 168
Power to require name and address
168 Power to require name and address
(1) A rail safety officer may require a person to provide the person's name
and residential address if--
(a) the officer finds the person committing an
offence against this Law; or
(b) the officer finds the person in
circumstances that lead, or has information that leads, the officer to
reasonably suspect the person has committed an offence against this Law; or
(c) the officer reasonably believes that the person may be able to assist in
the investigation of an offence against this Law.
(2) When asking a person to
provide the person's name and residential address, the rail safety officer
must--
(a) tell the person the reason for the requirement to provide the
person's name and residential address; and
(b) warn the person that it is an
offence to fail to state that name and residential address, unless the person
has a reasonable excuse.
(3) If the rail safety officer reasonably believes
that the name or residential address is false, the officer may require the
person to give evidence of its correctness.
(4) A person must not, without
reasonable excuse, fail to comply with a requirement under subsection (1) or
(3).
: Maximum penalty--$5 000.
(5) Subsection (4) places an evidential
burden on the accused to show a reasonable excuse.
