RAIL SAFETY NATIONAL LAW (NSW) - SECT 168A Power to direct production of documents

RAIL SAFETY NATIONAL LAW (NSW) - SECT 168A

168A Power to direct production of documents

(1) A rail safety officer may direct a person to make available for inspection by the officer, or produce to the officer for inspection, at a specified time and place--

(a) a document that is required to be kept by the person under this Law; or

(b) a document that is prepared by the person under this Law for the management of rail infrastructure or the operation of rolling stock that the officer reasonably believes is necessary for the officer to consider to understand or verify a document that is required to be kept under this Law; or

(c) a document held by, or under the control of, the person relating to the carrying out of railway operations.

Example--: A safety management system may require testing of equipment as part of a scheduled maintenance program and a record of the results of the test to be kept. If an item of equipment is tested in accordance with the safety management system, the document that states the results of the test is a document prepared under the safety management system.

(2) When giving a direction under subsection (1), the rail safety officer must warn the person it is an offence to fail to comply with the direction, unless the person has a reasonable excuse.

(3) The rail safety officer may keep the document to copy it but must return the document to the person after copying it.

(4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1).

: Maximum penalty--$5 000.

(5) Subsection (4) places an evidential burden on the accused to show a reasonable excuse.