79

79 General powers after entering a place

(1) A rail safety officer who enters a place under this Part, may do any of the following— (a) search and inspect any part of the place and any rail infrastructure, rolling stock or road vehicle or any other thing at the place; (b) enter or open, using reasonable force, rail infrastructure, rolling stock, a road vehicle or other thing at the place to examine the structure, rolling stock, road vehicle or other thing; (c) take measurements, make surveys and take levels and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers; (d) test any part of rail infrastructure or rolling stock (for the purpose of identifying quality or faults); (e) inspect, film, photograph, videotape or otherwise record an image of— (i) rail infrastructure or rolling stock, or a road vehicle or other thing, at the place; (ii) a document or record at the place or in rolling stock or a road vehicle at the place;

Note: Record includes information stored or recorded by means of a computer—see local Interpretation of Legislation Act.

(f) take, or authorise another person to take, for analysis a thing, or a sample of or from the thing, at the place;
(g) seize anything that the rail safety officer suspects on reasonable grounds is connected with an offence against this Act or the regulations or to secure any such thing against interference;
(h) mark, tag or otherwise identify rolling stock, a road vehicle or other thing at the place;
(i) take a copy of the whole or any part of a document at the place or in rolling stock or a road vehicle at the place;
(j) take all necessary steps to allow a power under paragraphs (a) to (i) to be exercised.

(2) A film, photograph, videotape or image taken under sub‑section (1) (e) of rail infrastructure, or of any part of rail infrastructure, is not inadmissible as evidence by reason only of the fact that it includes the likeness of one or more persons if the capturing of that likeness does not appear to have been the main reason for the taking of the film, photograph, videotape or image.

Note: Local variations for powers to demand answers to questions.