RAIL SAFETY NATIONAL LAW (NSW) - SECT 232
Exclusion orders
RAIL SAFETY NATIONAL LAW (NSW) - SECT 232
Exclusion orders
232 Exclusion orders
(1) The court that finds a person guilty of an offence against this Law may,
on the application of the prosecutor or the Regulator, if the court considers
the person to be a systematic or persistent offender against an Australian
rail safety law, make an order under this section.
(2) For the purpose of
restricting opportunities for the person to commit or be involved in
commission of further offences against this Law, the court may, if it
considers it appropriate to do so, make an exclusion order prohibiting the
person, for a specified period, from--
(a) managing rail infrastructure, or
operating rolling stock, or managing or operating a particular type of rail
infrastructure or rolling stock; or
(b) being a director, secretary or
officer concerned in the management of a body corporate involved in managing
rail infrastructure that is in this jurisdiction or operating rolling stock in
this jurisdiction; or
(c) being involved in managing rail infrastructure that
is in this jurisdiction or operating rolling stock in this jurisdiction except
by driving a train or rolling stock.
(3) The court may only make an order
under this section if it is satisfied that the person should not continue the
things the subject of the proposed order and that a supervisory intervention
order is not appropriate, having regard to--
(a) the offences against an
Australian rail safety law of which the person has previously been found
guilty; and
(b) the offences against an Australian rail safety law for which
the person has been proceeded against by way of unwithdrawn expiation notices
or infringement notices; and
(c) any other offences or other matters that the
court considers to be relevant to the conduct of the person in connection with
railway operations.
(4) A court that has power to make an exclusion order may
revoke or amend an exclusion order on the application of--
(a) the Regulator;
or
(b) the person in respect of whom the order was made, but in that case
only if the court is satisfied that there has been a change of circumstances
warranting revocation or amendment.
(5) A person who is subject to an
exclusion order must not engage in conduct that results in a contravention of
the order.
