New South Wales Consolidated Regulations

RAIL SAFETY (OFFENCES) REGULATION 2008 - REG 4

4 Fare to be paid and ticket to be held

(1) A person must not, without reasonable excuse, travel on a train unless:

(a) the fare for the person’s travel has been paid, and

(b) the person (or someone accompanying the person) holds a valid ticket for the person’s travel.

Maximum penalty: 5 penalty units.

Note: Clause 3 (1) defines "hold", in relation to a ticket, as meaning “be able to produce the ticket on request”.

(2) It is a defence to a prosecution under this clause if the person proves:

(a) that it appeared to the person, after reasonable investigation, that no facilities were available, at the station or stop at which the person got on the train, to enable the person to pay the fare or obtain the ticket before getting on the train, or

(b) that the person:

(i) arrived at the station or stop at a time that should, in the circumstances ordinarily existing at that time of day and on that day of the week, have enabled the person to pay the fare or obtain the ticket before getting on the train, and

(ii) diligently took all steps reasonably necessary to pay the fare or obtain the ticket,

but was unable to pay the fare or obtain the ticket due to circumstances beyond the person’s control.

(3) Subject to subclause (2), it is not a defence to a prosecution under this clause for a person to prove:

(a) that the time taken or likely to have been taken to pay the fare or obtain the ticket before getting on the train would have prevented the person from getting on the train, or

(b) that the person intended to pay the fare or obtain the ticket while travelling or on arriving at a particular place.

(4) In this clause, "train" includes any other form of transport (such as a bus) provided by a rail transport operator in substitution for a train.