National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006
95Rail safety officers may direct certain persons to give assistance
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95 Rail safety officers may direct certain persons to give assistance
(1) A rail safety officer may direct a rail transport operator or a rail safety worker to give the rail safety officer reasonable assistance to enable the officer to exercise a power under this Part.
Note: Example: When inspecting rolling stock, a rail safety officer may ask the driver of the rolling stock to accompany the officer or to explain how a piece of equipment is used as part of the accredited person’s approved safety management system for the railway or for the operation of rolling stock on the railway.
(2) When giving a direction to a person under sub‑section (1), the rail safety officer must warn the person that it is an offence to fail to comply with the direction unless the person has a reasonable excuse. (3) A person given a direction under sub‑section (1) must comply with the direction unless the person has a reasonable excuse.
Penalty:
(4) In this section—
reasonable assistance includes—
(a) assistance to enable the rail safety officer to find and gain access to electronically stored material and information;
(b) unloading rolling stock;
(c) running the engine of a locomotive;
(d) driving a train;
(e) giving the rail safety officer assistance to enter any rail infrastructure or any part of rail infrastructure or open rolling stock or any part of rolling stock.