WAIn ForceAct
Government Railways Act 1904
46Offences involving intent to defraud
Start here
Get a plain-English read of 46
Turn the raw legal text into a practical explanation grounded in Government Railways Act 1904.
##### 46. Offences involving intent to defraud
If any person, with or without intent to defraud, —
(a) uses or attempts to use any ticket or free pass the time for the proper use of which has expired, or which has already been used to the full extent to which the holder is entitled to use it; or
(b) not being the holder of a free pass for the purpose, travels or attempts to travel without having previously paid or tendered his fare; or
(c) having paid his fare for a certain distance, or being the holder of a free pass for a certain distance, proceeds beyond such distance without having previously paid the additional fare for the additional distance, or, in the case of the holder of a free pass, without being previously duly authorised to proceed such additional distance without paying such additional fare; or
(d) refuses or neglects to quit the carriage at the point to which he has paid his fare, or to which his free pass is available, or to which, being the holder of a free pass he has been duly authorised to proceed; or
(e) having travelled on the railway without being in possession of a ticket or free pass for the purpose, leaves or attempts to leave the railway without paying or tendering the proper fare for such travel,
he shall, in respect of each offence, be liable to a penalty not exceeding $200, in addition to the amount due as railway fare or difference in railway fare.
[Section 46 amended: No. 55 of 1960 s. 11; No. 113 of 1965 s. 8; No. 77 of 1980 s. 10; No. 31 of 2003 s. 116; No. 19 of 2010 s. 60(4).]