107Oral direction before prohibition notice served

107 Oral direction before prohibition notice served

(1) If a rail safety officer— (a) believes on reasonable grounds that an activity referred to in section 105(1) is occurring or may occur; and (b) that it is not possible or reasonable to serve a prohibition notice under that section immediately— the officer may direct a person who has or appears to have control over the activity to do or not to do a stated act by telling the person— (c) to do or not to do the stated act; and (d) the reason for the officer giving the direction. (2) A person to whom a direction is given under sub‑section (1) must comply with it, unless the person has a reasonable excuse.

Penalty: In the case of a natural person:

Penalty: In the case of a body corporate:

(3) It is a reasonable excuse if the rail safety officer did not tell the person that the person commits an offence if the person does not comply with the direction. (4) If a rail safety officer gives a direction under sub‑section (1) in respect of an activity but does not, within 5 days of giving the direction, serve a prohibition notice in respect of the activity, the direction ceases to have effect.